Marriott v. Marriott’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The renunciation of the widow does not change the intent as expressed in the will, and should not be allowed to defeat such declared intention, unless it be impossible to give it fulfillment. It was the declared intent of the testator that [the friend] should receive her legacy before those entitled to the remainder of the trust fund; and, while the renunciation of the widow takes from her one-half of the [leasehold] property, she should be reimbursed from the remaining corpus of the trust before the remaindermen entitled to that corpus receive any part thereof."”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Elliott

2. ““Every devise of land or any estate therein, or bequest of personal estate to the wife of the testator shall be construed to be intended in bar of her dower in lands or share of the personal estate, respectively, unless it be otherwise expressed in the will.””

   1 later decision quote this exact passage · from the majority
   e.g. Kreamer v. Hitchcock

3. “if both specific and residuary legatees and devisees suffer because of the widow's election against the will, the former must be made whole before the latter receive anything.”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Elliott