Gee, for an Opinion’s Empirical Analysis
1922
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 1987
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Perry v. Brown · Church v. Church · Hazard v. Stevens · Perry, Administrator v. Hunters. · In Re Boardman
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Per stirpes' is thus defined in Bouvier's Law Dictionary: `By or according to stock or root; by right of representation. When descendants take by representation of their parent, they are said to take per stirpes; that is, children take among them the share which their parent would have taken, if living.'”
2 later decisions quote this exact passage“The primary and natural construction of this technical phrase is to consider it applicable to the issue of the children, in the event of the decease of their parent before the testator, rather than to the children of the testator. Whatever ambiguity there is arises from the inexact use of a legal phrase. Without this phrase the meaning of the clause is clear, and is expressed in language easily understood by a layman. If the two phrases are irreconcilable, that construction should be preferred which gives effect to the expression of intention made in plain and ordinary terms rather than in technical phraseology.”
1 later decision quote this exact passage“I give, devise and bequeath to my said wife and to my sons and daughters, their heirs and assigns, forever, share and share alike, per stirpes, and not per capita.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.