Deltzer v. Scheuster’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. ““ We have no doubt that the complainants in this bill were entitled to some relief against tne order of the County Court, but not to the extent allowed. The fiftieth section of the statute of wills provides, as plain as language is capable of doing, that ‘ the right of the widow to her separate property shall, in no case, be affebted by her renouncing, or failing to renounce, the benefit of the provisions made for her in the will of her husband, or otherwise, as provided in chapter thirty-four of the Revised Statutes. In the face of this explicit provision, it is impossible to say that the appellant (widow) lost her right to the separate property allowed to her, because she did not renounce the provisions of the will in her favor. Section 10, chapter 34 of the Revised Statutes, must be construed to apply to other ‘ personal estates than that set apart to her under the forty-eighth section of the chapter of wills. “ In the case at bar, the appellant, as settled in the case of Cruce v. Cruce, 21 Ill. 46 , is entitled to be regarded as a creditor to the extent of her separate allowance, and to have the real estate sold for its payment. It would, however, be obviously inequitable to require, as the County Court did, by its decree, that the fund should be raised exclusively from the real estate devised to the children. The debts or claims against the estate are a common burden, and in equity, must be borne by all the property devised by the deceased. To permit the widow to hold th”

   1 later decision quote this exact passage · from the majority
   e.g. Richie v. Cox