Miller v. Stepper’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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ Whether provision is or is not made by the will in favor of the widow, the debts must be paid, and the expenses and allowances pertaining to administration must likewise be satisfied. These depend upon considerations superior to the testator's right to dispose by way of testamentary gift, and, so far as necessary, they must always control the dispositions of the will. Now, we understand the allowances provided for in chapter 15f>, Comp. Laws, to belong to the matter of administration of the estate, and to rest on higher grounds than the claims of distributees. They are quite distinct from distribution, and are inseparably connected with the course of settlement of the estate. They are grounded upon a policy not unlike that which allowed the widow.her quarantine and reasonable estovers at common law, and in some measure are deemed suitable means to enable administration to be carried to that stage at which distribution may be made; and the testator by the terms of his will can no more positively exclude them than he-can the payment of debts and the legal charges of administration.””

   1 later decision quote this exact passage
   e.g. Pulling v. Durfee