Foss v. Wiles’s Empirical Analysis
1942
Citation profile
8 federal appellate · 66 state decisions
How this case has been cited
Cited by 76 later decisions — most recently February 2003 · most notably McKibben v. Chubb (1988), Egnatic ex rel. Egnatic v. Wollard (1943)
8 federal appellate · 66 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Myers v. Noble · Johnson v. Soden · Hirt v. Bucklin State Bank · Erwin v. Erwin · West v. Sims
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““From the various provisions of the code it clearly appears the probate court had original and exclusive jurisdiction, not only of the personalty but also of all real property which belonged to decedent’s estate. It was exercising that jurisdiction at the time the instant action was filed. Under the law it was required to determine and describe the property and to state the proportion or part thereof to which each heir, devisee and legatee was entitled, and that decree was binding as to all of the estate of the decedent, whether specifically described in the proceedings or not. (G. S. 1939 Supp. 59-2249.) The probate court could not distribute the estate properly, pursuant to statutory direction, without first settling the questions which were germane to the subject of distribution. Under the provisions of G. S. 1939 Supp. 59-301, that court was expressly granted original jurisdiction and authority to exercise such equitable powers as might be necessary and proper fully to hear and determine any matter properly before it. The matter of the settlement and distribution of the entire estate were properly before it and its original jurisdiction over those matters could not be circumvented by plaintiff filing an independent action in the district court.” (p. 269.)”
4 later decisions quote this exact passagee.g. Dixon v. Fluker · Bitzer v. Smith“"A careful study of the provisions of the new probate code leads us to conclude it was the intent and purpose of the framers of the Kansas probate code and of the legislature which enacted it to grant to probate courts exclusive original jurisdiction over all matters incident and ancillary to the settlement and distribution of decedent estates, except as to any matter over which that code expressly confers concurrent jurisdiction upon district courts. " ( Foss v. Wiles, 155 Kan. 262, 270 , 124 P.2d 438 .) (Italics inserted.)”
3 later decisions quote this exact passagee.g. Searight v. Chor · Burns v. Drake““The probate courts shall be courts of record, and, within their respective counties, shall have original jurisdiction: . . . (3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates . . . (12) And they shall have and exercise such equitable powers as may be necessary and proper fully to hear and determine any matter properly before such courts.””
2 later decisions quote this exact passagee.g. Dixon v. Fluker · Wetzel v. Wetzel
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.