Benson v. Tanner’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 remainder is not in fee simple, because it is granted to the ‘heirs of her body,’ and is not in fee tail because the heirs of the body t.o whom the estate is restricted take in fee simple.....The wording of the third clause of this will is such that the expression ‘heirs of her body’ must be construed as words of purchase, and as such they do not indicate the heirs who are to take from generation to generation, but only the individuals who may be her heirs at her decease. The remainder must be contingent because it is limited to an event — her death — and before that event the heirs of her body cannot be ascertained.” (pp. 596, 597.)”

   1 later decision quote this exact passage · from the majority
   e.g. Meyer v. Meyer

2. “"Third, I give, devise and bequeath to my niece, Lucy A. Benson (here the property is described) for and during her natural life, remainder in fee simple to the heirs of her body.” (p. 595.)”

   1 later decision quote this exact passage · from the majority
   e.g. Meyer v. Meyer