Cole v. Bailey’s Empirical Analysis

Citation profile

2 district · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But for the words “by right of representation,” there could be no doubt that each nephew and niece would be entitled to an equal share. But for the words “in equal shares,” there could be no doubt that they would take per stirpes. The difficulty arises from the use of the two expressions in juxtaposition. Not much aid is derived from a perusal of the other parts of the will. ... We have a difficulty in giving any adequate meaning to the words “by right of representation,” except upon the theory of a distribution per stirpes. These words, though technical, are not obscure; and most men of ordinary intelligence, who have occasion to dispose of their property by will, and who use the words, may be supposed to know their meaning.”

   1 later decision quote this exact passage · from the majority
   e.g. Wachovia Bank & Trust Co. v. Livengood

2. “In the instant case, the settlor’s use of the words “had the trust estate been a part of [the trust beneficiary’s] estate” is more than a faint glimpse of an intention that the distribution to [the widow] should be made as though the Trust estate were a part of the trust beneficiary’s estate to be governed by the law of the Trust Beneficiary’s domicile.”

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

3. “words in a will are never to be rejected as meaningless or repugnant if by any reasonable construction they may be given effect and made consistent and significant.”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Hall