Schulz Estate’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[o]n appeal from his [the Register of Wills] action judicial review is confined to a determination whether the Register of Wills has abused his discretion in the appointment of an administrator.”

   2 later decisions quote this exact passage
   e.g. 363 Pa. Super. 200 - Estate of Osborne · In re Costigan, Register of Wills

2. “The Register, in appointing C.F. Witmer, a stranger, recognized that the appellant was clearly antagonistic to and on an unfriendly basis with the appellees, and vice versa. This antagonism has been the source of the extensive litigation between the parties and clearly constitutes a disqualification under the circumstances not only of appellant but also of the entire class of residuary legatees, all of whom have taken part in some manner or other in such litigation. Appellant's argument that such antagonism has not been shown is without merit. The entire record of this estate, including the record before the various courts, was admitted into evidence and, even if it were not, we could take judicial notice thereof. Appellant's antagonism and unfriendly feelings toward appellees clearly disqualified her for appointment as the administrator.”

   1 later decision quote this exact passage
   e.g. 363 Pa. Super. 200 - Estate of Osborne

3. “Antagonism and unfriendly feelings between the applicant for letters of administration and other members of the class may be sufficient to constitute a disqualification. In Friese's Estate, 317 Pa. 86, 89, 90 , 176 A. 225 , we said: `In addition to the fact that she is required to have an actual interest in the estate, she may be further disqualified by being unfit to administer. Among these disqualifications are insolvency, non-residence, conviction of crime, claim of interest hostile to the estate, unfriendly feeling between the parties, dissatisfaction and antagonism between the widow and the children. . . . See also Warner's Estate, 207 Pa. 580, 584 , 57 A. 35 ; Levan's Appeal, 112 Pa. 294, 298 , 3 A. 804 ; Hassinger's Appeal, 10 Pa. 454 ; Ellmaker's Estate, 4 Watts 34 ; Welch's Appeal, 1 Pennypacker 9.'”

   1 later decision quote this exact passage
   e.g. 363 Pa. Super. 200 - Estate of Osborne