In Re Kenney's Estate’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““So far as the liability of appellant is concerned, it is immaterial whether a formal order was entered probating the will. In fact, all parties to the proceeding, including the probate and district courts, have acted under the assumption that the will was duly probated. Appellant took possession of the property of the estate and made disposition of it under this assumption. Except for the bond, appellant could not have obtained possession of the estate, and his surety (appellant does not raise the question) cannot now release itself from its obligation by denying the only authority under which its principal could have secured possession of these funds. A voluntary surety of one who takes possession of property as a trustee cannot release himself from liability on his principal’s bond after he becomes liable thereon, upon the ground that the appointment of the principal as trustee was irregular or unauthorized. Under these circumstances the surety of a trustee will not be permitted to say that his principal was not in fact a trustee; he is estopped under well-recognized principles of law.””

   1 later decision quote this exact passage
   e.g. Burroughs v. United States Fidelity & Guaranty Co.

2. “[a] mortgage debt is not barred by limitation because not filed for payment with the executor or administrator”

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

3. “does not become a debt of the estate unless the payee elects to file it as a claim.”

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