Childers v. Pollock’s Empirical Analysis

Citation profile

2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant is the administrator of the estate of Perry Childers, deceased, and appellee is his widow. The court held that appellee is entitled to dower in this part of decedent’s estate. We agree that this is correct. At common law the widow took dower in the real estate of her husband only, but the term ‘real estate’ included both corporeal and incorporeal hereditaments. R. C. L., p. 578. Under our statute, (section 3535, C. & M. Digest), ‘a widow shall be entitled, as part of her dower, absolutely and in her own right, to one-third part of the personal estate, including cash on hand, bonds, bills, notes, book accounts and evidences of debts, whereof the husband died seized or possessed.’ This court has held that a widow is entitled to dower in a gift causa, mortis of the husband. Hatcher v. Buford, 60 Ark. 169 , 29 S.W. 641 , 27 L.R.A. 507 ; and in Tatum v. Tatum, 174 Ark. 110 , 295 S.W. 720 , 53 A.L.R. 306 , it was held that ‘the inchoate right of dower is more nearly like the interest of a contingent remainderman,’ and that ‘the inchoate rights of the wife are as much entitled to protection as the vested right of the widow.’ In that case it was held that, where the husband had conveyed land by deed, in which the wife did not join to convey her inchoate right of dower, and the grantees had discovered oil therein, the wife had a contingent interest which should be protected. Here the husband died leaving a policy of insurance, one-fourth of which was made payable to his mot”

   1 later decision quote this exact passage
   e.g. United States v. Norman