McAllister v. Long’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Considering the will as a whole, giving significance to every paragraph and expression thereof, and taking into consideration the circumstances under which it was made, we are convinced that the testator intended 'wish and desire’ as used in the second paragraph of said will (above quoted) to mean the same as ‘it is my desire and I hereby direct’ used in the third paragraph of the will. Had the words ‘wish and desire’ as used in the will been meaningless, or at least nothing more than a mere whim or hope, the testator would not have directed in the third paragraph thereof that in the event of the contingencies mentioned therein that the interest of any son or daughter who should depart this- life before the testator ‘should pass and be divided into equal shares among their children.’ ” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. Gray v. Stillman

2. ““Second. I give and devise all the rest and residue of my property, real and personal, of every kind and character and wherever located or situated, whether vested or contingent, at the time of my death to my beloved wife, Fannie M. McAllister, to be used by her in any manner that she may deem fit and proper during her lifetime, and at the time of her death, it is my wish and desire that said property be divided between my beloved children, that is sons and daughters, as follows, to-wit: * * *” (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. Gray v. Stillman

3. ““We cannot agree with the contention of the plaintiffs in error that the will gives the widow full and complete power and authority to make any disposition of said property which she might desire. A reading of the will discloses no authority whatever to sell or dispose of said property or to do other than use it as she may deem fit and proper, during her lifetime. Use cannot be construed to mean to dispose of. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. MacOmber v. State Social Welfare Board