Byrd v. . Patterson’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Thus a conveyance, Ballard v. Farley, 226 S.W. 544 , or a devise, Motley v. Whitemore, 19 N.C. 537 , to a named man 'and wife’ or a deed to a designated person ‘and children’ conveys an estate to the ‘wife’ or ‘children’ living at the time of the execution and delivery of the deed, or, in the case of a will, at the death of the testator. Darden v. Timberlake, 139 N.C. 181 ; Buckner v. Maynard, 198 N.C. 802 , 153 S.E. 458 ; Cullens v. Cullens, 161 N.C. 344 , 77 S.E. 228 ; King v. Stokes, 125 N.C. 514 ; Helms v. Austin, 116 N.C. 751 ; Gay v. Baker, 58 N.C. 344 . It is just as effectual as if the name of the wife or child or children had been given in full, 6 Thompson, Real Property, 322, 325, and extrinsic evidence is admissible for the purpose of fitting the description to the person or persons intended. 16 A.J. 482; 6 Thompson, Real Property, 322, 325; Gold Mining Co. v. Lumber Co., 170 N.C. 273 , 87 S.E. 40 .””

   1 later decision quote this exact passage
   e.g. Matheson v. American Trust Company

2. ““ ‘The doctrine of election is not applicable to cases where the testator, erroneously thinking certain property is his own, gives it to a donee to whom in fact it belongs, and also gives him other property which is really the testator’s own, for in such cases the testator intends that the devisee shall have both, though he is mistaken as to his own title to one.’ ” (Byrd v. Patterson, 229 N.C. 156 , 48 S.E. 2d 45 , is such a situation.)”

   1 later decision quote this exact passage
   e.g. North Carolina National Bank v. Barbee