Kappus v. Kappus’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the independent executor fails to return within ninety days after qualification, unless such time is extended by order of the court, an inventory of the property of the estate and list of claims that have come to the independent executor’s knowledge; (2) sufficient grounds appear to support belief that the independent executor has misapplied or embezzled, or that the independent executor is about to misapply or embezzle, all or any part of the property committed to the independent executor’s care; (3) the independent executor fails to make an accounting which is required by law to be made; (4) the independent executor fails to timely file the affidavit or certificate required by Section 128A of this code; (5) the independent executor is proved to have been guilty of gross misconduct or gross mismanagement in the performance of the independent executor’s duties; or (6) the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor’s fiduciary duties.”

   1 later decision quote this exact passage · from the majority
   e.g. In the Estate of Hoelzer

2. “[I]t seems under [petitioner’s] theory that once a beneficiary objects to an executor’s proposed valuation and distribution of property, the executor’s defense would constitute a conflict of interest that mandates removal. Such a rule, besides having no statutory anchor in the text of section 149C, would undermine the ability of Texas testators to name their own independent executor and also weaken the ability of an executor “free of judicial supervision, to effect the distribution on an estate with a minimum of cost and delay.” And it would impose this extra-statutory restriction even if the testator was fully aware of the potential conflict when the executor was chosen.”

   1 later decision quote this exact passage · from the majority
   e.g. Jennifer Pine and Robin Pine Sims v. Catherine deBlieux, Individually and as Successor Administrator of the Estate of Robert Edward Pine

3. “as early as 1848, a Texas testator has been able to opt for the independent administration of his estate, including the right to pick his own independent executor.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Washington