Landers v. Whitney’s Empirical Analysis
1916
Citation profile
4 federal appellate · 56 state decisions
How this case has been cited
Cited by 60 later decisions — most recently March 1969 · most notably Estate of Watkins (1940), Estate of Brooks (1946)
4 federal appellate · 56 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 Ruggles v. Welch · Estate of Yoell · In re estate of Lux · Texas & Pacific Railway Co. v. Dashiell · Kroell v. Kroell
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Here, then, we see that the parties executed writings in which they declared plainly that they were making arrangements and stipulations for the purpose of enabling the husband to dispose of the entire community property and of binding the wife to assent to such disposition. The husband was asserting his intention to devise and bequeath the half of the community property which would pass to his wife if she survived him. She was consenting to such disposition and waiving her right to object thereto. ...””
1 later decision quote this exact passage““The paper signed by Mrs. Whitney was attached to the will, and it evidently was the paper referred to in the preamble of the will as ‘the written consent and acceptance of my wife Lucy. ’ We have no doubt that, as is urged by the appellants themselves, the will and this waiver are to be read together. Such a reading clearly shows what the husband and wife had in mind, and what they were undertaking to deal with in the drafting and execution of the two documents. ’ ’”
1 later decision quote this exact passage““So, too, the wife may, by agreement, surrender the privilege of applying for an allowance. Whether the right to demand an allowance is inconsistent with the will, or has been surrendered, is a question of interpretation of the will or the contract. In the ease of a contract, we think the right should not be held to have been surrendered by an agreement between the spouses ‘ except by clear and explicit language. ’ ””
1 later decision quote this exact passage
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.