Stanley v. Mather’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. ““An administrator takes the personal estate of the decedent in trust—First, for the creditors: and, next, for the heirs. He is a mere trustee, with no beneficial interest in the property upon which be is appointed to administer. After all debts and expenses of administration are paid, any surplus remaining in Ills hands goes to tlie hell’s. It is admitted in this case that all creditors and all expenses of administration have been paid, and that the complainants are the sole heirs and distributees. In fact, it was judicially determined by the probate court * * * that the three complainants were the sole children and heirs of the decedent. Tlie (mly thing that a personal representative could now do would bo to obtain an order from the probate court to deliver the notes and mortgages to the eonrplaiuants, or collect the notes and pay over the money. The law will not require the heirs, who are the equitable owners of the notes and mortgage, to deliver them to Hoyt, the remaining administra tor, if be is such, and, if he is not, to go to the trouble and expense of having another personal representative appointed in order that a suit of foreclosure may bo maintained. It does not. follow, because the administrator is the proper party to collect the debts due a decedent, and pay creditors, and for that purpose bring suits, that under no circumstances can tlie heirs at law maintain a suit to collect a debt which has not been collected by the personal representative. Having paid all c”

   1 later decision quote this exact passage
   e.g. Hubbard v. Urton