Risor v. Brown’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. “This contention involves a misconception as to the nature of this action. It is not a matter “relative to the probate of wills, the estate of deceased persons, executors, administrators,” etc., but is a suit by the executor to recover a debt due the estate. The probate court has no jurisdiction of contests between an executor or administrator and third parties over property rights or the collection of debts due the estate. Its jurisdiction is confined to the administration of assets which come under its control, and, incidentally, to compel discovery of assets. ... The suit was therefore properly brought in the circuit court.”

   1 later decision quote this exact passage
   e.g. Estate of Puddy v. Gillam

2. “In the present case, the suit is not a matter “relative to the probate of wills, the estate of deceased persons, executors, administrators, etc.,” but is actually a suit by the administratrix seeking contribution from one she alleges to be a distributee and beneficiary (under the provisions of Section 63-150). As pointed out in Shane, the Probate Court’s jurisdiction was “confined to the administration of assets which come under its control,” i.e., assets which were a part of the estate devised or bequeathed by Mrs. Anderson in her will.”

   1 later decision quote this exact passage
   e.g. Estate of Puddy v. Gillam