Russell v. Moeling’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When any person designated as executor in a will, or as administrator with the will annexed, defends it or prosecutes any proceeding in good faith, and with just cause, for the purpose of having the will admitted to probate, whether successful or not, he shall he allowed out of the estate his necessary expenses and dis-bm'sements, including reasonable attorney’s fees, in such proceedings.” (emphasis added)”

   4 later decisions quote this exact passage
   e.g. Brown v. Traylor · Anderson v. Anderson

2. “The import of [Section 243] is clear: the executor or administrator “shall be allowed out of the estate his necessary expenses and disbursements.” The purpose then is to pay the cost of attorney’s fees that are owed by the executor or administrator, and the allowance is not to the attorney, but to the administrator. We are presented here, however, with a situation where the unsuccessful executrix of the 1965 will and her attorneys had entered into a contingent fee agreement which provided that if the probate of the 1965 will was successful, the attorneys were to receive a percentage of all moneys they recovered. The [1965] will was not probated and therefore the executrix named therein was not faced with any expense for the legal work that had been done since nothing was recovered. Consequently, under the terms of Section 243, the estate could not be held liable for those attorneys’ fees.”

   1 later decision quote this exact passage
   e.g. Camacho v. Calkovsky

3. “We think that the executor could have had submitted to the jury, along with the other issues, the question of good faith on his part in offering the will for probate; and if the jury had found that, under all the circumstances, he had acted in good faith, then he would have been entitled to judgment for such attorneys’ fees and court costs. This was not done; and the judgment became final. We do not think the rule should be extended further than this....”

   1 later decision quote this exact passage
   e.g. Alldridge v. Spell