Cook v. Cook’s Empirical Analysis

Citation profile

15 federal appellate · 6 district · 66 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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The decree of distribution is the instrument by virtue of which the plaintiffs have received the property in trust for the children, and their powers and duties in regard to that property are to be measured by the terms of this decree. . . . Section 1665 of the Code of Civil Procedure requires the court, in making distribution of the estate, to distribute the residue of the estate in the hands of the executor ‘ among the persons who by law are entitled thereto, ’ and the provision in section 1666 that the court must name in the decree ‘the persons and the proportions or parts to which each shall be entitled ’ requires the court in making such decree to give a construction to the terms of the will. The further provision in the same section that ‘such order or decree is conclusive as to the rights of heirs, legatees, or devisees, subject only to be reversed, set aside, or modified on appeal, ’ precludes all right to impeach the decree except upon an appeal, and causes the decree to supersede the will and to prevail over any provision therein which may be thought inconsistent with the decree. The decree is conclusive, not only as to the persons who have any rights in the estate, but also as to the extent and limitation of their rights. Whether the distribution is to individuals in their own right, or to hold for others under specified trusts, the rights of all parties interested in the estate are determined by the decree. . . .””

   2 later decisions quote this exact passage
   e.g. 159 Cal. App. 2d 635 - Estate of Buckhantz · 159 Cal. App. 2d 635 - Davidson v. Union Bank & Trust Co.

2. ““When an estate of a deceased is distributed to trustees appointed under a will, the decree is an adjudication of the validity of the trust. In Cook v. Cook, 17 Cal.2d 639, 652 [ 111 P.2d 322 ], the court said: ‘Whatever may be the merit of plaintiff’s contentions, the decree of distribution in the probate proceeding in decedent’s estate was conclusive as to the interpretation of the will, and the rights of legatees thereunder, and the property included or covered by the will, the existence, validity of and rights under any testamentary trust, and the incidental matters which necessarily are involved in a determination on those subjects whether right or wrong. It cannot be collaterally attacked except for extrinsic fraud or certain jurisdictional defects. ’ ””

   2 later decisions quote this exact passage
   e.g. 69 Cal. App. 2d 749 - Estate of White · 132 Cal. App. 2d 233 - Nash v. Bank of America National Trust & Savings Ass'n

3. ““The rigor of the rule requiring that the method provided by the policy for a change of beneficiary must be followed, is relaxed when the controversy is between conflicting claimants and the insurer is not raising the issue. [Citing] Pimentel v. Conselho Supremo, etc., 6 Cal. 2d 182 , 57 P.2d 131, 133 .””

   2 later decisions quote this exact passage
   e.g. Austin v. Sears · Smith v. Metropolitan Life Insurance Company