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

1. ““The right to dissent is inconsistent with her act of qualifying as executrix, and the duties thereby assumed in this: “1. The appointment and qualification of one as executrix, operates as an assignment in law, and vests the whole personal estate in such executor. If one executes a writing by which he appoints A. B. his executor, that is a will. A. B. thereby becomes the owner of the estate, and, after paying off the debts, is, by the common law, entitled to the surplus. “If one executes a writing by which he disposes of his property after his death, without appointing an executor, that is a testament. If he does both, that is appoints an executor, and also disposes of his estate, or a part thereof, that is ‘a last will and testament.’ The executor becomes the owner of the estate, and after paying off the debts and legacies, is entitled, by the common law, to the surplus. Thus, it is seen that the office of executor is deemed in law of great importance; it draws to it the ownership, control and management of the entire personal estate, and gives a right (at common law) to the surplus. It is, therefore, manifestly inconsistent for a widow to claim the office and its rights and in cidents under the will, and at the same time to enter her dissent and claim dower, year’s provision and a distributive share, as if her husband had died intestate; in other words, there is an inconsistency in claiming the office under the will, and at the same time claiming rights as if there was no ”

   1 later decision quote this exact passage
   e.g. Moseley v. Bogy

2. “Upon qualifying, she assumes the duties and undertakes on oath to carry into effect the several provisions of the will, and it is inconsistent afterwards to do an act which defeats or in a great degree deranges the provisions of the will and disappoints the intention of the testator therein expressed.”

   1 later decision quote this exact passage
   e.g. Allen v. . Allen