Bowler v. Emery’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In none of the cases above cited were assets of the estate allowed to remain in the hands of the executor to indemnify him against possible future breaches of covenants to pay rent, make repairs, etc., unless upon the application .of the executor himself for his own protection. In none of the cases was such an executor himself the residuary legatee; and in each case where the executor was allowed to retain assets for his own protection, it was found by Byrne, J. (In re: Nixon, supra), after a careful review of the authorities to be a case where the leasehold interests of 'the testator vested in the executor so that there would be privity of estate between the executor and the lessor.””

   1 later decision quote this exact passage
   e.g. In re Estate of Heskett

2. ““A person who has a contingent claim against a deceased person which cannot be proved as a debt within the time allowed for filing claims may file his claim in the office of the clerk of the Probate Court within the time allowed for filing claims. If, upon examination, it appears to the court that such claim may become justly due from the estate, the Probate Court shall order the executor or administrator to deposit in the registry of the court assets sufficient to satisfy such claim or its proportionate share in case of insolvency of the estate.””

   1 later decision quote this exact passage
   e.g. In re Estate of Heskett

3. ““ * * * (unearned rent) is not an existing demand, the cause of action on which depends upon a contingency, but the very existence of the demand depends upon a contingency, (citing cases)””

   1 later decision quote this exact passage
   e.g. Baker v. Snyder