Kessler v. Olen’s Empirical Analysis

Citation profile

7 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. ““Such oral agreement ... is void as to the real estate for want of a writing expressing the consideration signed by the party charged as- required by sec. 240.08, Stats., and being-void as to the real estate and being indivisible, it is void in its entirety and of no force except to rebut the presumption that the services to be performed by the daughter were gratuitous.””

   2 later decisions quote this exact passage
   e.g. Estate of Burmania · Estate of Rosenthal

2. ““When two persons enter into an agreement to make, and do actually make, mutual and reciprocal wills by which each bequeaths her estate to the other, if she survives, and the survivor takes under such a will and accepts the benefit of such a mutual will and accepts the benefit of such a mutual agreement, equity will take such action as may be necessary to give effect to the mutual agreement that the property of the survivor shall go to the person designated by such agreement. . . .” 11”

   1 later decision quote this exact passage
   e.g. 47 Wis. 2d 102 - Chayka v. Santini

3. ““The McLean Case is not in point because the oral contract there made did not involve the statute of frauds. The testator there did not agree by his will to give the legatee any real property. His agreement would be fully met by a bequest of personal property. Moreover, the agreement there made was fully executed on both sides. The legatee released his cláim for damages and the testator executed the will. The one was the consideration for the other.””

   1 later decision quote this exact passage
   e.g. Estate of Burmania