Shively v. Burr’s Empirical Analysis

Citation profile

2 district · 46 state decisions

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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It needs no argument to sustain the view that when a person dies his individual capacity to respond in damages for his torts, to pay his debts, to carry out his contracts, and to distribute his estate ceases. Thereafter his financial obligations must be met by his estate. One who deems himself entitled to a part or all of such an estate, whether the right contended for is founded in tort, or upon oral or written contract, or under the will of the decedent, or under the statute of intestate succession, must recover, if at all, from the decedent’s estate. Under our probate code the probate court is made the forum for the transaction of-this business, and it is given original jurisdiction to probate the will, if decedent left one, to appoint an executor or an administrator of his estate, to require an inventory and appraisement of the assets of the estate, to hear the petition of anyone who claims all or any part of the estate, after due notice to all parties interested so each may have his day in court, and ultimately to settle the accounts of the executor or administrator and to disburse the estate to those legally entitled thereto.” (p. 856.) (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Malcolm v. Larson

2. ““It will serve no useful purpose to extend discussion on the legal question in issue. Summarizing this court except in matters involving the adjudication oí secured demands and a few others where adequate and proper relief is not expressly provided for, is committed to the doctrine that the new Kansas probate code grants exclusive original jurisidiction to the probate court over all matters incident and ancillary to the control, management, administration, settlement and distribution of decedent’s estates, including the exhibition and establishment of claims and irrespective of whether these claims be denominated equitable or legal.” (p. 857.)”

   1 later decision quote this exact passage · from the majority
   e.g. First National Bank v. Dion

3. ““We hold, therefore, that the probate court where the estate of William Burr was being administered had exclusive original jurisdiction to hear the demand of the plaintiff in this action.” (Emphasis supplied.) (p. 341.)”

   1 later decision quote this exact passage · from the majority
   e.g. Pallister v. Colle