Massie v. Paul’s Empirical Analysis
1936
Citation profile
16 state decisions
How this case has been cited
Cited by 21 later decisions — most recently September 1995
16 state decisions
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 Drury v. Franke · Kellum v. Browning's Administrator · Greenway v. White · Prewitt v. Wilborn · Bridges v. McAlister
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It was competent for the court by appropriate orders in the action to settle Massie’s estate, to compel either a creditor, heir, devisee, or legatee to refund or make restitution of any sum, or a portion thereof, received by him under its orders, in excess of that to which he was entitled to accomplish an equitable distribution or to pay any creditor entitled thereto. How to accomplish such refund or restitution was entirely within the sound discretion of the court. ... A procedure -for that purpose may be on notice, for rule, or on pleading or a petition of any interested party to the action to settle the estate and if by an independent petition, a consolidation therewith.””
1 later decision quote this exact passagee.g. Paul v. Miller““Wherefore, the judgment is reversed, with directions to the court to enter a judgment in favor of Sarah McMillan Paul against each of the heirs, devisees, and legatees of Massie, limiting her recovery against each to the proportionate part of the excess paid each of them, respectively, over and above the sum to which they were respectively entitled, and for proceedings consistent with this opinion.” (Massie v. Paul, 263 Ky. 183 [ 92 S.W.2d 11 ].)”
1 later decision quote this exact passagee.g. Paul v. Miller““In an action thereunder to state a cause of action against either of them it is imperatively essential to state such facts as will constitute a cause of action on the original liability of the decedent or testator, accompanied with an allegation showing the assets and the amount thereof received by each of them.””
1 later decision quote this exact passagee.g. Collett v. Hilton
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.