Warner v. Baylor’s Empirical Analysis

Citation profile

3 federal appellate · 24 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rationale of the line of cases which rely on the specific or general nature of the bequest to ascertain testatrix’s intent is based upon § 24 of the English Will Act of 1837, 4 & 1 Vict.C. 26, which codified the common law rule that a will speaks as of the date of the death of the testator unless a contrary intention appears in the will. Under this statute, ... the English cases have held that a bequest of a stated number of shares of stock, which was later split and resulted in the testator receiving additional shares after the execution of his will and before his death, was a general bequest, and the legatee was not entitled to the additional shares. In re Gillins (1909), 1 Ch. 345; In re McAfee (1909), 1 Ir.R. 124. The courts reasoned that a will refers to the estate of the testator as it existed at the time of his death. But under this statute the English courts have also held that where a bequest is specific it shows an intention contrary to the statutory rule, and a will is construed as referring to the interests represented by shares of stock held at the date of execution and the legatees take the additional shares in the new form.”

   1 later decision quote this exact passage · from the majority
   e.g. Stickley v. Carmichael

2. ““It is apparent from reading the testatrix’s entire will that before and at the time of its execution she had given considerable thought to determining the ob4.ectsfc¿.hmr..bo.untg.imi-d;had a full knowledge of tbe value of tie various assets winch made up her large estate. The will represents an apportionment of her estate according to what she considered to he her affections, obligations, friendships, and duties to charities. It shows testatrix’s general scheme and plan of distribution and reveals her purpose and intent. U * * * “To uphold the contention of the appellees that tñe additional shares issued as a result of the stock split should pass to the residuary legatees would thwart the plain intention of the testatrix and upset the scheme of distribution of her estate which is apparent from the four corners of her will.””

   1 later decision quote this exact passage · from the majority
   e.g. 6 Ohio App. 2d 146 - In Re Estate of Kirkwood

3. ““I give and bequeath unto...... shares of common stock of the American Telephone and Telegraph Company; * *”

   1 later decision quote this exact passage · from the majority
   e.g. 6 Ohio App. 2d 146 - In Re Estate of Kirkwood