292 N.J. Super. 258 - Barner v. Sheldon’s Empirical Analysis
1995
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 2017
12 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 International Ass'n of Machinists v. Duckworth · 56 Cal. 2d 583 - Lucas v. Hamm · 49 Cal. 2d 647 - Biakanja v. Irving · Guy v. Liederbach · Goldberg v. Housing Auth. of City of Newark
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] review of the case law demonstrates that there may be situations where a duty to the beneficiary should be impressed on the attorney, such as when the attorney undertakes a duty, or in an egregious situation in other words in limited situations. It is also clear that if a beneficiary's interest is adversarial to the interest of the estate and contrary to the will of the testator, then no such duty shall be imposed upon the attorney. [ Id. at 266 , 678 A. 2d 767 .]”
3 later decisions quote this exact passage“A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and applicable law, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by law, the terms of the will, if any, and any order in proceedings to which he is a party for the best interests of successors to the estate.”
2 later decisions quote this exact passage“inquiry [that] involves a weighing of the relationship of the parties, the nature of the risk, and the public interest in the proposed solution.”
2 later decisions quote this exact passage
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.