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← 166 KAN 194 - Brooks v. Carson

Brooks v. Carson’s Empirical Analysis

1948

Citation profile

2
cited by 2 later decisions
1
states following
May 1956
most recently cited

2 state decisions

Relationships

Relies on Fett v. Riemann · Martin v. Battey · Larned v. Larned

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

  1. ““As a matter of fact, if she could by filing her election to take under the will in Kansas, take it here, and by not so filing in Massachusetts take under it in Massachusetts the same reasoning would allow her to take under the will in one state and under the law in another. Such inconsistent position may not be taken. See 11 Am.Jur. p. 349, where the rule is stated as follows: ‘ The acceptance by the party entitled to make the election of the provisions of a will or an election to take under the will in the state of the decedent’s domicil is binding everywhere.’ ” (See to the same effect In re Randolph’s Estate, 175 Kan. 685 [ 266 P.2d 315 ].)”
    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.