Public-domain · open source
OpenJurist
← 229 CALAPP3D 881 - Simoncini v. DeMartini

Simoncini v. DeMartini’s Empirical Analysis

1991

Citation profile

16
cited by 16 later decisions
1
states following
January 2019
most recently cited

16 state decisions

How this case has been cited

Cited by 16 later decisions — most recently January 2019

16 state decisions

60199120002010decided

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 Bon v. Lemp · Hembree v. Quinn · 225 Cal. App. 3d 1602 - Passavanti v. Williams · 203 Cal. App. 3d 1151 - Rojes v. Riverside General Hospital · 134 Cal. App. 2d 232 - Keller v. Bank of America Trust & Savings Ass'n

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

  1. “In our view, any other interpretation of the Will would violate the principle that the words of a will must be interpreted so as to give every expression some effect, rather than in a way that will render other language of the will inoperative. This interpretation of the disputed language also satisfies the statutory requirement that all parts of the Will must be construed so as to form a consistent whole. [Citation.] Appellant's interpretation, on the other hand, would require us either to ignore specific language in the Will, or actually to rewrite it so as to render it entirely inoperative. This is not the function of this court. [Citation.] We are not free to ignore the plain meaning of the words actually used by the testatrix in her Will. [Citation.]”
    1 later decision quote this exact passage
  2. “[Citation.]' [Citation.] [¶] Another fundamental rule of the interpretation and construction of wills requires that every word should be considered and given some effect, if possible. [Citation.] 'The words of a will are to receive an interpretation that will give every expression some effect, rather than one that will render any of the expressions inoperative ....' [Citation.] Moreover, the words used in a will must be given their ordinary, commonsense interpretation.”
    1 later decision quote this exact passage
  3. “The basic rule in the interpretation and construction of any will is that the intention of the testator must be carried out as nearly as possible. [Citations.] In ascertaining the testator's intent, courts employ an objective test: the intention to be determined is that which is actually expressed in the language of the will. [Citations.] '”
    1 later decision quote this exact passage

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.