Nelson v. Place’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general rule in this state is that contracts, made either before or after marria'ge, the purpose of which is to fix property rights between a husband and wife, are to be liberally interpretated to carry out the intentions of the makers, and to uphold such contracts where they are fairly and understandingly made, are just and equitable in their provisions and are not obtained by fraud or overreaching.” (Syl. ¶ 1.) “Where it appears that an antenuptial contract was understandingly made and freely executed, and where there is an absence of anything showing fraud or deceit, the mere fact the intended husband did not disclose in detail to the intended wife the nature, extent and value of his property will not, of itself, invalidate the contract or raise a presumption of fraudulent concealment, and if from a consideration of all the facts concerning the situation of the parties, such as their respective ages, family conditions, property rights, etc., at the time the contract was made the trial court concludes the intended wife was not overreached, the contract should be sustained.” (Syl. ¶[ 2.)”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Estate of Schippel · In Re Estate of West

2. ““The restrictions of the constitution and statutes touching the alienation of a homestead are for the protection of the family, and cannot be varied or avoided by an antenuptial contract providing that in case the wife survives the husband she is to have no part in his estate. Hence, so long as such surviving widow remains unmarried she may occupy the homestead regardless of such contract.””

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Estate of Neis · Iowa Mutual Insurance v. Parr

3. ““Consideration of the will of W. S. Place shows that Etta Place did not consent in writing to its terms. Even had she consented to the will, she would not have waived her homestead right and her right to an allowance unless it clearly appeared from the will that tire provision made for her was intended to be in lieu of such right, and it is not even debatable that such a provision was made. “. . . Under the statutes the widow is entitled to her allowance over and above either her distributive share in an intestate estate, or over and above provision made for her in a will unless it clearly appears from the will the provision made for her was intended to be in lieu of such allowance. If there is to be a waiver of such a right by the terms of any antenuptial contract, that waiver must be clear or clearly to be deduced from what is said. In the instant case there was no waiver.” (p. 532.)”

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