Marcy v. Marcy’s Empirical Analysis

Citation profile

15 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Most of the cases In which it has been held that a foreign executor could riot be sued were eases where there were no assets in the jurisdiction where the suit was brought, and there was an attempt to charge him in respect to assets situate in the state or county of the domicile. Here there were assets in the state which the defendant had collected, and which the plaintiff, as creditor, was entitled to have appropriated to payment of his debts; and why should he not be suable here, if at all, for that reason, and holden to that extent as executor de jure? He was such, and could not and did not deny it, and not by grant of administration, but by force of the will. He was suable before probate as executor de jure in Massachusetts, as every executor is who does not renounce, and his condition was substantially the same here. He is sued as executor or generally in either case, and why resort to legal fiction and estoppel when it is entirely unnecessary? Grant that it is necessary in respect to a foreign administrator, it is not so in respect to an executor.””

   1 later decision quote this exact passage
   e.g. Courtney v. Pradt