Kinnear v. Langley’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * the codicil does not physically or literally erase or obliterate whatever it affects or changes in the original will. * * * The revoked section is not obliterated: it is merely rendered nugatory.”

   3 later decisions quote this exact passage
   e.g. Halfmoon v. Moore · Pullen v. Estate of Pullen

2. “A codicil is not an entirely new will. A codicil is, rather, a postscript to the will showing something added by the testator to the original document. Just as a postscript to a letter may show a new idea of the writer or a change, or amendment to a thought, expressed in the letter: so a codicil may express a new bequest or a change or modification of a bequest in the will. Just as the postscript does not physically or literally erase or expunge whatever it affects in the letter: so, also, the codicil does not physically or literally erase or obliterate whatever it affects or changes in the original will. The will is probated along with the codicil; together they constitute the “last will and testament ” of the testator or testatrix. ... A section of a will does not literally and physically cease to exist merely because the section is revoked in the codicil. The revoked section continues to be in actual éxistence, but is given no effect in construing or interpreting the will, since the codicil revokes the section. In some of the cases construing and interpreting wills, there may be found statements to the effect that, when a section in a will has been revoked by a codicil, the testament is construed as though the revoked section did not exist. Such statements are true in construing and interpreting wills and testaments, but these statements do not mean that the revoked section of the will does not exist in fact. The revoked section is not obliterated: it is merely rendered nu”

   1 later decision quote this exact passage
   e.g. Armstrong v. Butler

3. “"* * * the codicil does not physically or literally erase or obliterate whatever it affects or changes in the original will. * * * The revoked section is not obliterated: it is merely rendered nugatory. "* * * Mrs. Burdick named Hazel Burdick (by reference) in Section 9 of the will; and that fact prevents Hazel Burdick from being a pretermitted child. By the second codicil, Mrs. Burdick revoked Section 9 of her will. The effect of such revocation is to leave Hazel Burdick without a bequest. But the effect is not to erase or obliterate Hazel Burdick's name from the will. Section 9 remains in the will, although, by the codicil, it is to be given no effect. The situation here is the same as if Mrs. Burdick had said, `I name my adopted daughter, Hazel Burdick, but I leave her nothing.'" (Emphasis added.) The majority hold that the trial court erred "* * * in holding in effect that because appellant was mentioned in the will but his gift was later eliminated by conveyance it must be assumed that the intention of the testatrix was that the heir receive none of her property."”

   1 later decision quote this exact passage
   e.g. Halfmoon v. Moore