Sinnott v. Gidney’s Empirical Analysis
1959
Citation profile
3 federal appellate · 33 state decisions
How this case has been cited
Cited by 38 later decisions — most recently January 2016 · most notably Shriner's Hospital for Crippled Children of Texas v. Stahl (1980), Stewart v. Selder (1971)
3 federal appellate · 33 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 Plunkett v. Old Colony Trust Co. · Reid v. Corrigan · Williams v. Smith · Simco v. Shirk · Moerlein v. Heyer
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““On the other hand, the gift by a testator of the ‘residue’ or ‘rest, residue and remainder’ of his estate is usually very significant. These expressions and words of similar import are ordinarily used in a will to refer to the portion of the estate that is left after all debts and legal charges have been paid and other testamentary gifts have been satisfied, and they have been given this construction by the courts on many occasions. The presumption is that the testator used them in that sense unless a contrary intention clearly appears. See Williams v. Smith, 146 Tex. 269 , 206 S.W.2d 208 . In the absence of testamentary provisions to the contrary, therefore, the residuary estate is to be applied in payment of debts and other charges before any of the property otherwise disposed of. See Plunkett v. Old Colony Trust Co., 233 Mass. 471 , 124 N.E. 265 , 7 A.L.R. 696 ; 97 C.J.S. Wills § 1320, p. 233. This merely carries out the intention of the testator as expressed in the will.””
1 later decision quote this exact passage · from the majority
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.