John Smith v. Robert Bell’s Empirical Analysis

Citation profile

40 federal appellate · 18 district · 216 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 340 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of- the testator, expressed in his will, shall prevail, provided it be consistent with the rules of law. 1 Doug. 322 , I W. Bl. 672 et seq.””

   11 later decisions quote this exact passage · from the majority
   e.g. Hardenbergh v. Ray · Anderson v. Messinger

2. ““In the construction of ambiguous expressions, the situation of the parties may very properly be taken into view. The ties which connect the testator with his legatees, the affection subsisting ’ between them, the motives which may reasonably be supposed to operate with him, and to influence him in the disposition of his property, are all entitled to consideration, in expounding doubtful, words, and- ascertaining the meaning in which the testator used them. No rule is better settled than, that the whole will is to be taken together, and is to be so construed as to give effect, if possible, to the whole. * * * Notwithstanding the reasonableness and good sense of this general rule, that the intention shall prevail, it has been sometimes disregarded. If the testator attempts to effect that which the law forbids, his will must yield to the rules of law. But courts have sometimes gone farther. The construction put upon words in one will has been supposed to furnish a rule for construing the same words in other wills, aud thereby to furnish some settled and fixed rules of construction, which ought to be respected. We cannot say that this principle ought to be totally disregarded; but it should never be carried so far as to defeat the plain intent, if that intent may be carried into execution, without violating the rules of law. It has been said truly (3 Wils. 141) ‘that cases on wills may guide us to general rules of construction ; but, unless a case cited be in every respect direc”

   5 later decisions quote this exact passage · from the majority
   e.g. Colton v. Colton · Bilger v. Nunan

3. ““I give to my wife, Elizabeth Goodwin, all my personal estate whatsoever, and wheresoever, and of what nature, kind, and quality soever, after payment of my debts, legacies, and funeral expenses; which personal estate, I give and bequeath unto my said wife, Elizabeth Goodwin, to and for her own use and benefit and disposal absolutely: the remainder of said estate, after her decease, to be for the use of the said Jesse Goodwin.””

   3 later decisions quote this exact passage
   e.g. Giles v. Little · Roberts v. Lewis