Wanamaker Estate’s Empirical Analysis

Citation profile

3 federal appellate · 77 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Shall then annually be divided equally between my three (3) children, Fernanda W. Heeran, John Wanamaker, Jr., Marie Louise Munn, during their life for their sole and separate use, not to be anticipated, or assigned by them, in any manner whatever, nor subject to any attachment, alienation or sequestration for their debts, contracts or engagements. ****** In the event of the decease of one of my said children then the income to which said deceased parent would have been entitled, had they lived, shall then be divided into two parts. One (1) share thereof shall be equally divided among the children, then living, of such deceased child, so that said children, or in the event of there being but one child surviving, my said deceased child, shall enjoy to the extent of one-half Qk) the share his, her or their parent would have received had they continued to live. That this provision of descent shall apply to all of my children, and, in the event of all of said three (3) children dying, then the share to which each of such child, or children, was respectively entitled, during their lifetime, to the one-half Qk) extent, above provided for, shall go to and be enjoyed by the children, then living of such deceased child or children.”

   1 later decision quote this exact passage
   e.g. Schreiber v. Kellogg

2. ““It is unusual for a testator to intend and direct per stirpes distribution of income among a specified class . .. and a per capita distribution of principal among the same class, . . . with the result that certain grandchildren would receive a per stirpes share of income on Tuesday, but on Wednesday (the next day when the youngest heir or grandchild reached 21 years of age) would receive a per capita share of principal. If that was the testator’s intent, it should be clearly expressed . .. . ””

   1 later decision quote this exact passage
   e.g. In Re Estate of Flagg

3. “The intention of the testator is the pole star in the interpretation of every will and that intention must be ascertained from a consideration of the entire will, including its scheme of distribution as well as its language, together with all the surrounding and attendant circumstances.”

   1 later decision quote this exact passage
   e.g. Schreiber v. Kellogg