In Re Fisler’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The paramount rule for the construction of testamentary instruments is that the court must strive to ascertain the intention of the testator as expressed by the words of the instrument. Such intention, if so ascertainable, will prevail over technical rules and will disregard the common, ordinary meanings of words and adopt such meaning as can be deduced from the testator's intention. This has long been the settled rule in England and America and needs no citation of authorities for its support.”

   1 later decision quote this exact passage
   e.g. 135 N.J. Eq. 516 - Palmer v. Palmer

2. ““There is no conflict between Ahlemeyer v. Miller and Haver v. Herder. One treats of presumptions that guide in the search for testamentary intention; the other, of the presumed concurrence by the testator in the legislative intent where he expresses no other.””

   1 later decision quote this exact passage
   e.g. In Re the Accounting of Thompson

3. “[T]he word ‘issue’ signifies, prima facie, ‘heirs of the body’; and the statute ordains that an adopted child shall not be capable of taking property expressly limited to the heirs of the body of the adopting parent or parents----”

   1 later decision quote this exact passage
   e.g. In re the Trust for the Benefit of Duke