Flohr v. Walker’s Empirical Analysis

Citation profile

1 district · 6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The general rule seems to be that a joint and mutual will executed pursuant to an agreement based on valuable consideration is contractual as well as testamentary and becomes an irrevocable obligation on the part of the surviving testator upon the death of the other party testate under a will which is in accord with the terms of the agreement. In re Estate of Wade, 202 Kan. 380 , 449 P.2d 488, 493 ; Godwin v. Wachovia Bank & Trust Company, 259 N.C. 520 , 131 S.E.2d 456, 462-463 ; Alocco v. Fouche, 190 Cal. App.2d 244 , 11 Cal. Rptr. 818, 822 ; 57 Am.Jur. Wills, § 712; 97 C.J.S. Wills, § 1367e(2), p. 307."”

   3 later decisions quote this exact passage · from the majority
   e.g. Kerper v. Kerper · Sievers v. Barton Ex Rel. Estate of Barton

2. ““ ‘Language is occasionally used which seems to say that a will which is made in performance of a contract to make a will is irrevocable. It is said that a joint or mutual will may be revoked by either party while both are living upon notice to the other, but when one of the parties dies before the other has given notice, the will becomes irrevocable. Language of this • sort is often used very loosely. While the courts talk about the will as irrevocable they probably mean that the contract to make the will is enforceable if the contract is not performed. Some of the courts which have used this language, have pointed out that it is the contract and not the will that becomes irrevocable at the death of one of the parties. It has been said that after the death of one, the survivor could not violate the contract by revoking the will which the survivor made in performance of the contract. * * 520 P.2d at 837-838 .”

   1 later decision quote this exact passage · from the majority
   e.g. Shook v. Bell