Buder v. Stocke’s Empirical Analysis
1938
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently February 2013 · most notably Walsh v. Gillespie (1959), In Re Bierstedt's Estate (1963)
35 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Kenaday v. Sinnott · 95 N.J. Eq. 210 - In re the Settlement of the Estate of Cooper · National Board of Christian Women's Board of Missions of Christian Church v. Fry · Fidelity National Bank & Trust Co. v. Hovey · United States ex rel. Kelley v. Peters
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The reasons for holding against an ademption by changes due to a guardian’s dealings with property (which fit the situation in this case exactly) were well stated In Re Estate of Henrietta Cooper, 95 N.J.Eq. 210, 123 A. 45 , 30 A.L.R. 673 , as follows [page 47]: “A committee in lunacy is a mere conservator of his ward’s estate, and his possession of that estate vests him with no power either intentionally or unintentionally to change his ward’s duly expressed purposes respecting the disposition of her estate after her death. To hold otherwise would be to say that he may arbitrarily revoke her will, so far as it provides specific legacies, and may transfer the property which is the subject thereof from the persons designated by the testatrix to the residuary legatee, or — if there be none — to the next of kin.”
1 later decision quote this exact passage““The weight of authority, with which the decisions in this State agree, is against holding that an ademption has resulted, from the dealings of a guardian of an insane or incompetent testator with his ward’s property, where the physical facts make it;possible to hold otherwise.”', ‘ '”
1 later decision quote this exact passage“is the extinction or withholding of a legacy in consequence of some act of the testator ... some act equivalent to revocation or indicative of an intent to revoke.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.