Boykin v. Armstrong’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order: "(1) The surviving spouse or next of kin, or both, as the court may determine, or some person or persons selected by them or any of them. (2) If all such persons are incompetent or unsuitable, or do not accept, administration may be granted to one or more of the creditors, or to a nominee or nominees thereof. (3) Whenever the court determines that it is for the best interests of the estate and all persons interested therein, administration may be granted to any other person, whether interested in the estate or not."”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Estate of Seeger · Reed v. Lindsten

2. “"G.S. 1945 Supp., 59-705, provides that letters of administration shall be granted to persons of certain classes, providing they are suitable and competent to discharge the trust. The section also provides in what order they shall be given preference. In the first designated class is `the surviving spouse.' There was no surviving spouse here since Mrs. Paronto was a widow. Next in that class is named `the next of kin.' The next of kin here was a three-year-old boy. Obviously he could not be appointed. We have demonstrated, however, that it was the duty of the court to name a guardian ad litem for him. Had the court done this the guardian would have filed a pleading and selected some person on behalf of the minor and next of kin whom he wished, in compliance with the statute, to have appointed. The probate court would then have had the duty and power to exercise its discretion as to whether any such persons were incompetent or unsuitable. It would have been necessary, however, that this finding be based on evidence and not made by the court without any evidence whatever, as was the case here...." (l.c. 94.)”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Seeger

3. ““The probate code fixes its own procedure, and during the pendency of a proceeding in a probate court the only pleadings necessary or proper are a petition and a written defense. But once such a proceeding reaches the district court, either by appeal or otherwise (in the instant case by transfer pursuant to G. S. 1957 Supp., 59-2402a), G. S. 1949, 59-2408, is construed and held to mean that the district court shall have and exercise the same jurisdiction and power as though the controversy had originally been commenced in that court and the pleadings authorized to be filed or amended are the same as those referred to in G. S. 1949, 60-703 of the code of civil procedure, and the right to file new pleadings shall not be abridged or restricted by the pleadings filed, or by the failure to file pleadings, while the proceeding was pending in the probate court.” (Syl. ¶[ 1.)”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Meyer