Hambrick v. Smith’s Empirical Analysis

Citation profile

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

1. ““Appellants insist that this is not an action to settle the estate of their mother, but is an action to sell jointly owned real estate, under Subsection 2, Section 490, of the Code. While the necessary averments under this section of the Code were made in the petition, there is joined with this action for the sale of the property an action for the settlement of' the estate of Katie Smith, deceased. An action to sell real estate, under Subsection 2, Section 490, and an action to settle a decedent’s estate, may be joined. Rodgers v. Rodgers, [Adm’r], 31 S. W. 139 , 17 Ky. Law Rep. 358 ; Baxter Realty Co. v. Martin, 185 Ky. 697 , 216 S. W. 110 . But if an action to set- tie an estate is brought before the expiration of six months after the qualification of the personal representative, such representative is a necessary plaintiff. Civil Code of Practice, Section 428. The purpose of this section of the Code is to afford the personal representative a reasonable time to collect the assets and ascertain and pay claims against the estate. The plaintiffs obviously joined the two actions, in order to avoid the- effect of article 3, c. 64, Kentucky Statutes (Sections 2084 to 2089, inclusive). “The plaintiffs could only guard against the assertion of liens by creditors and ensure a good title to the purchaser, and thus encourage bidding on the property sought to be sold, by joining an action to settle the estate with the action to sell the land, under Section 490, Subsection 2, of the Civ”

   1 later decision quote this exact passage
   e.g. Courtney v. Morgan

2. ““An action under section 490, subsec. 2 of the Civil Code of Practice, for a sale of the property and a division of the proceeds, will not deprive creditors of their rights under sections 2084-2089, inclusive, of the Statutes, where the sale is made within six months after the death of the ancestor.””

   1 later decision quote this exact passage
   e.g. Henry v. Wolfe