21 Cal. 2d 645 - Larrabee v. Tracy’s Empirical Analysis
1943
Citation profile
2 federal appellate · 70 state decisions
How this case has been cited
Cited by 74 later decisions — most recently February 2010 · most notably 32 Cal. 2d 13 - Jorgensen v. Jorgensen (1948), 40 Cal. 3d 607 - Estate of Sanders (1985)
2 federal appellate · 70 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Olivera v. Grace · Bacon v. Bacon · 20 Cal. 2d 393 - Westphal v. Westphal · Campbell-Kawannanakoa v. Campbell · 8 Cal. 2d 322 - Purinton v. Dyson
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““I hereby generally and specifically disinherit each and all persons whomsoever claiming to be or who may be lawfully determined to. be my heirs at law, except otherwise mentioned in this will.””
2 later decisions quote this exact passagee.g. Estate of Tolman · Rice v. Rice“As executor of the estate and its residuary legatee appellant had a clear duty to refrain from taking an unfair advantage of the impression he had created. An executor has numerous fiduciaiy obligations to the beneficiaries of the estate. In 1 Scott on Trusts (1939) it is stated (§ 6, p. 48): ‘An executor is often called a trustee; and in the broad sense of the term so he is. * * * The relation between an executor or administrator and the legatees and distributees, like that between a trustee and the beneficiaries of the trust, is a fiduciary relation'”
1 later decision quote this exact passage“If a devisee or legatee dies during the lifetime of the testator, the testamentary disposition to him fails, unless an intention appears to substitute another in his place; except that when any estate is devised or bequeathed to any kindred of the testator, and the devisee or legatee dies before the testator, leaving lineal descendants ... such descendants take the estate so given by the will in the same manner as the devisee or legatee would have done had he survived the testator.”
1 later decision quote this exact passagee.g. Estate of Roberts
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.