219 So. 2d 291 - Smith v. Smith’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The widow makes extremely equitable arguments. She points out that the brother was able to secure appointment unopposed, by moving hastily and without notice. LSA-CCP Art. 3094.1 She further points out that the apparent reason for her husband’s brother’s applying so swiftly to obtain the appointment as administrator of her husband’s estate was to control assertion of a federal Jones Act claim as the seaman’s ‘personal representative’, 46 U.S.C.A. § 688 , despite the circumstance that damages recovered by such personal representative are statutorily designated as being for the benefit of the surviving widow and children of the decedent. “[1] Nevertheless, wisely or unwisely, under the 1960 Code of Civil Procedure, the widow was not entitled to notice that someone else had applied for and received ex parte appointment as administrator of her husband’s estate. To receive such notice and an opportunity to contest the appointment of another as administrator, an interested person must file a petition to receive such notification within ten days after the decedent’s death (or at least prior to the application of another for appointment). LSA-CCP Arts. 3091, 3094. See Succession of Houssiere, La.App.3rd Cir., 146 So.2d 483 .” 219 So.2d at 292 .”

   1 later decision quote this exact passage
   e.g. Smith v. Clark Sherwood Oil Field Contractors

2. “The court may remove any succession representative who is or has become disqualified, has become incapable of discharging the duties of his office, has mismanaged the estate, has failed to perform any duty imposed by law or by order of court, has ceased to be a domiciliary of the state without appointing an agent as provided in Article 3097(4), or has failed to give notice of his application for appointment when required under Article 3093. The court on its own motion may, and on motion of any interested party shall, order the succession representative sought to be removed to show cause why he should not be removed from office. The removal of a succession representative from office does not invalidate any of his official acts performed prior to his removal.”

   1 later decision quote this exact passage
   e.g. 649 So. 2d 759 - Succession of Woodrow Wilson Melton