Bunting v. Pearson’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When an independent administration has been created, and the order appointing an independent executor has been entered by the county court, and the inventory, appraisement, and list aforesaid has been filed by the executor and approved by the county court, as long as the estate is represented by an independent executor, further action of any nature shall not be had in the county court except where this Code specifically and explicitly provides for some action in the county court.”

   7 later decisions quote this exact passage
   e.g. Corpus Christi Bank and Trust v. Alice National Bank · Columbia Rio Grande Regional Hospital v. Stover

2. ““If, then, we are not compelled to substitute the words ‘independent executor’ for the term ‘representative’ in the three sections above discussed, they may not be made applicable to the ‘independent executor’ unless some provision of the Probate Code explicitly and specifically makes them applicable. It is argued that Section 146 does this very thing. We cannot agree with that argument. Prior to the adoption of the Code the courts had held that ‘independent executors’ were required to handle claims in accordance with provisions of the statute dealing with classifications, priority and proration of claims. It appears to us that Section 146 carries forward the law in this respect, as it existed prior to the adoption of the code. The phrase “in the same order of priority, classification, and proration prescribed in this code’ refers to Sections 322 dealing with classification; 321 dealing with proration; and 320 dealing with priority. The only other part of the Code that this section could have reference to is the section dealing with exempt property and allowances. No language in Section 146 can reasonably be construed to refer to Sections 309, 310, and 313, in such a way as to make them applicable to an ‘independent executor.’ ””

   2 later decisions quote this exact passage
   e.g. Montague v. Brassell · Texas Commerce Bank National Ass'n v. Geary

3. “An independent executor, in his administration of an estate ... shall ... receive presentation of and classify, allow, and pay, or reject, claims against the estate in the same order of priority, classification, and proration prescribed in this Code ... to the same extent and result as if his actions has been accomplished in, and under orders of, the court.”

   1 later decision quote this exact passage
   e.g. Texas Commerce Bank-Austin, N.A. v. Estate of Cox