Bish v. Bish’s Empirical Analysis
1943
Citation profile
2 district · 22 state decisions
How this case has been cited
Cited by 24 later decisions — most recently July 2019
2 district · 22 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 Mast Foos Company v. Stover Manufacturing Company · Mercantile Trust Co. v. Schloss · Perry v. Wilson · Kernan v. Carter · Collins v. Carman
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Every valid devise or bequest is, therefore, made an effectual bar, unless it be removed by a renunciation. And until that is made the bar remains. The law admits of no excuse for a failure to renounce. If she makes no election within the time prescribed, the law makes it, without stopping to enquire why or for what reason she made none. (Italics supplied.) * * *” “The law clearly gives to the husband the power by his will to bar, or extinguish the common law rights of his widow, unless she thinks proper to quit all claim to the property conferred upon her by the will. And to effect the husband’s object the wife need not declare her assent; if however, she desires to defeat it, she must manifest her intention to do so, by an express dissent. And such dissent is an act, which by the very terms of the law, must precede her becoming entitled to or vested with, those rights which she might have claimed but for the will; for the act declares, she shall be barred of those rights, if she does not renounce and quit claim to the devises and bequests, and make her election to take in lieu thereof her dower, or legal share of the estate. It is this election which vests in her the right of dower or legal share, in lieu of what the will had given (See 2 Devereux’s Eq.Rep.,344). Whether from design, neglect, or from other cause, the widow fails to make such renunciation, the result is the same. * * *” “To acquire such rights in opposition to the will, the law makes the renunciation a nece”
1 later decision quote this exact passage · from the majoritye.g. Hartt v. Hartt“real estate is governed by the law of the place where it is situated, and solely by such law.”
1 later decision quote this exact passage · from the majority
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.