Atkinson v. Kern’s Empirical Analysis
1925
Citation profile
59 state decisions
How this case has been cited
Cited by 59 later decisions — most recently October 1964 · most notably Lossie v. Central Trust Co. of Owensboro (1926), Lightfoot v. Beard (1929)
59 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 Harvey v. Bell · Calloway v. Calloway · Linton v. Hail · Hanna v. Prewitt · Bradshaw v. Williams
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ (4) On the contrary, where there is no intervening estate, and no other period to which the words “dying without issue” can be reasonably said to have reference, they are held in the absence of something in the will showing a contrary purpose, to create a defeasible fee which may be defeated by the death of the devisee at any time without issue surviving him.’ ””
3 later decisions quote this exact passage · from the majority““The correct rule is, that where an estate is given or conveyed directly to the devisee, without any intervening particular estate, and without anything in the instrument indicating a contrary purpose, limiting words such as we have in this case [death without issue] have reference to the death of the taker at any time * # * there being nothing in the will indicating a contrary purpose on the part of the testator.””
1 later decision quote this exact passage · from the majority““I will to my son, John and my daughter Mary Lou, all the rest of my estate of every description, to their own separate use and benefit. If my daughter should marry and die without heirs then her portion of my estate is to go to her brother.””
1 later decision quote this exact passage · from the majority
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.