Clark v. Carter’s Empirical Analysis

Citation profile

1 federal appellate · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is nothing unusual in courts of equity entertaining jurisdiction of suits to construe wills, for it is a part of the ancient and well-defined jurisdiction, of the courts of chancery to construe wills and declare the trust created thereby, but this by no -means' is to be construed as authorizing any person, regardless of the relation in which they stand to the will, to maintain such á proceeding.Where an executor or trustee named in a .will: has any doubt as to, the proper construction of the terms of the instrument they, are required to enforce -and carry out, either may very appropriately institute a proceeding to have the will -properly construed and the duties of the executor or trustee defined by the decree of the court, or where devisees or legatees are - entitled to certain rights and-claims under the provisions of a will and the executors or trustees named in the will refuse or fail to- execute and carry out the provisions of the will 'as contemplated- by the testator,, courts of equity may entertain suits instituted' by such legatees- or devis'ees for the' purpose of construing, and as well as enforcing, the' provisions of the will as construed by the court.”

   1 later decision quote this exact passage
   e.g. Haugh v. Bokern