Carter v. Taylor’s Empirical Analysis

Citation profile

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

1. ““We think there are several things in the language used when considered separately and together, which show very clearly the testator’s intent was that his children should take a fee simple title. ⅜ ⅜ ‡ ⅜ ‡ “We entertain little doubt that Dr. Horne was expressing a desire that his children have exclusive and unfettered title to the real property left by him when he said he wanted them ‘. to divide and settle up my estate among themselves, independent of court.’ This interpretation of the testator’s intent is confirmed by reference to the first part of his will. . . . There he gave two places to his wife [then living] and said ‘ * * * at her death it be divided between my children.’ This being the only directive relative to those two parcels of land, it is not conceivable he meant thereby for his children to get a fee tail title. It is reasonable to assume the testator meant to give the same force and effect to the word ‘devide’ when he used it in connection with the lands here involved.””

   1 later decision quote this exact passage
   e.g. Martin v. Taylor