Warnock v. Warnock’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors, in which ease all those who are not of the blood of such ancestor must be excluded from such inheritance in favor of those who are. ’ ’”

   2 later decisions quote this exact passage
   e.g. 21 Cal. 2d 498 - Estate of Ryan · 181 Cal. App. 2d 367 - Williams v. Binkley

2. ““In the instant case, it must be conceded that the deceased’s brothers and sisters of the half blood come within and are related in the second degree of consanguinity. The children of the deceased brother (nephews) are classified as being related in the third degree. (See. 253, Probate Code.) It therefore follows, in view of the above-mentioned decisions, and construction of section 254 of the Probate Code, that the respondents are not 'in the same degree’ of consanguinity with those of the half sister and half brother. It therefore must follow that the exception provided in that section is not applicable. (Citation.) “Appellants’ contention, then, that the estate must be distributed under section 225 of the Probate Code in equal shares to decedent’s brothers and sisters (which includes those of the half blood) and to the descendants of deceased brothers and sisters by right of representation must be sustained.” To the same effect see Estate of Smith, 131 Cal. 433 [ 63 P. 729 , 82 Am.St.Rep. 358 ] ; Estate of Belshaw, 190 Cal. 278 [ 212 P. 13 ] ; Estate of Sayles, 215 Cal. 207 [ 8 P.2d 1009 ], We find nothing in Estate of Ryan, 21 Cal.2d 498 [ 133 P.2d 626 ], which contravenes the rule announced in the foregoing cases. The trial court’s rule was correct.”

   1 later decision quote this exact passage
   e.g. 181 Cal. App. 2d 367 - Williams v. Binkley

3. “inheritance, though changed in form, never lost its identity and therefore still retained its ancestral character.”

   1 later decision quote this exact passage
   e.g. 21 Cal. 2d 498 - Estate of Ryan