Parsons v. Smith, Trustee’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Moreover, we deem it right and equitable that, after having determined what would be a reasonable fee for the movants’ attorneys under the confronting facts and circumstances, it should have directed that such fees and the court costs be paid out of the corpus of the estate still in the hands of Leah Smith, trustee. [The trustee was only a stakeholder as the trust was unlawfully created.] “See, In re Estate of Sowder, 185 Kan. 74 , 340 P. 2d 907 , where it is said: “ ‘It has been held where there is ambiguity in the provisions of a will and a real controversy as to its construction, it is competent for the court to allow reasonable attorney fees out of the estate to the defeated as well as the successful party; and in connection with the same subject it has been held that under the provisions of what is now G. S. 1949, 60-3706, the district court in its discretion has authority to tax costs and allow attorney fees and to determine from what source they should be paid, as it may deem right and equitable. (In re Estate of Walton, [ 183 Kan. 238, 243 , 326 P. 2d 264 ] supra; In re Estate of Reynolds, 176 Kan. 254 , 270 P. 2d 299 ; Singer v. Taylor, 91 Kan. 190 , 137 Pac. 931 ; and Hurst v. Weaver, 75 Kan. 758, 763 , 90 Pac. 297 .)’ (p. 86.) (Emphasis supplied.) “See, also, Central Trust Co. v. Harris, 152 Kan. 296 , 300 to 304, inch, 103 P. 2d 902 .” (p. 574.)”

   1 later decision quote this exact passage · from the majority
   e.g. Baldwin v. Hambleton