Rowe v. Newman’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`As previously noted Alabama has adopted the rule that, in case of insufficient assets, the loss falls first on the residuary estate, then on the specific devisees and legatees. But Alabama has also recognized an exception to this rule in the case of a widow, holding in Steele v. Steele's Administrator , 64 Ala. 438 (1879), that testamentary provisions made for the wife are to be accorded a priority over all other legatees and devisees, being right behind the claims of creditors. This holding has not been overruled, questioned, or distinguished in any succeeding reported decision of the Alabama appellate courts — at least none has been found by either party hereto or by the court in independent research. This Court is bound to conclude that under Alabama law the general bequest to Mrs. Dixon under the will was not subject to abatement on account of the other devises and legacies — and that accordingly the disclaimers by the sons did not add to the interests she was to receive under her husband's will. It may be noted that the preference given the widow in this regard by Alabama is in line with the weight of authority from other states. See Annot. 2 A.L.R.2d 607 (1948).' First National Bank of Birmingham et al. v. United States , supra, 328 F. Supp. at 1342 , 1343."”

   1 later decision quote this exact passage
   e.g. 349 So. 2d 1092 - Elliott v. Elliott

2. “"Prior Alabama law can be said to be in accord with the general policy stated in this section. Former § 43-1-10 provided that `when any testator, after making his will, makes any contract for the conveyance of any property devised in such will, and the whole or any part of the purchase money remains unpaid to such testator at his death, the disposition of the property by such contract is *Page 924 not a revocation of the devise, . . . unless it clearly appears by the contract, or some other instrument in writing to be intended as a revocation. . . .' However, this section specifically mentions additional situations. Alabama did not previously have any statement of law specifically covering the situation mentioned in subsection (b) of this section."”

   1 later decision quote this exact passage · from the majority
   e.g. 941 So. 2d 920 - Bolte v. Robertson

3. “"`A specific bequest is defined as "a bequest of a particular article or specific part of the testator's estate which is so described and distinguished from all other articles or parts of the same as to be capable of being identified."'"”

   1 later decision quote this exact passage · from the majority
   e.g. 941 So. 2d 920 - Bolte v. Robertson