Dearing v. Selvey’s Empirical Analysis

Citation profile

8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At the time the will was made the executor owned but one tract of land. Afterward he acquired three more. The provisions of the will just considered apply to this after acquired property and it passes to the beneficiaries of that will in the same way as the property specifically mentioned in the will, unless the failure of the testator to direct his executor to sell the after acquired property as well as the other, prevent such operation and effect. This question is deferred for later consideration. At common law, after acquired real estate did not pass under the will. The utmost effect that a will could have over such property was to form the basis upon which a conveyance might be called for in pursuance of a binding contract entered into before the will was made. 29 Am. & Eng. Ency. Law 257. All that has been changed here by statute. Section 10, chapter 77 of the Code provides that ‘A will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect, as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.’ So this after acquired land passes not by descent but by the will.””

   1 later decision quote this exact passage
   e.g. 121 W. Va. 388 - Jarvis v. Jarvis