Hatheway v. Weeks’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Every executor, before he shall enter upon the execution of his trust, and before letters testamentary shall issue, shall give bond to the judge of probate in such reasonable sum as he may direct, with one or more sufficient sureties, with conditions as follows: “ 1. To make and return to the probate court, within three months, a true and perfect inventory of all tbe goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or knowledge, or to the possession of any other person for him. “ 2. To administer, according to law and to the will of the testator, all his goods, chattels, rights, credits, and estate which shall at any time come to his possession, or to the possession of any other person for him, and out of the same to pay and discharge all debts, legacies, and charges chargeable on the same, or such dividends thereon as shall be ordered and decreed by the probate court. “ 3. To render a true and just account of his administration to the probate court within one year, and at any other time when required by such court. “4. To perform all orders and decrees of the probate court by the executor to be performed in the premises.””

   1 later decision quote this exact passage
   e.g. Lafferty v. People's Savings Bank

2. ““ The executor or administrator is a mere officer of the law; he has no personal interest in the property; his powers are all given him by law, and he is accountable for the due and proper execution of those powers; while the residuary legatee, upon giving the bond, becomes sole and absolute owner of the estate of the testator, both real,-personal, and mixed, with all the rights and remedies of an absolute owner, and subject to none of the conditions, restrictions, or account-abilities of an executor.””

   1 later decision quote this exact passage
   e.g. Lafferty v. People's Savings Bank

3. ““If, however, the executor shall be residuary legatee, instead of the bond prescribed in the preceding section, he may give a bond in such sum and with such sureties as the court may direct, with a condition only to pay all the debts and legacies of the testator; and in such case he shall not be required to return an inventory.””

   1 later decision quote this exact passage
   e.g. Lafferty v. People's Savings Bank