Kruger v. Krueger’s Empirical Analysis
1942
Citation profile
43 state decisions
How this case has been cited
Cited by 43 later decisions — most recently September 1978 · most notably 6 Cal. 3d 311 - Estate of Dodge (1971), 160 Cal. App. 2d 332 - McQuarrie v. Kuttler (1958)
43 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 Wilson v. Clotfelter · Lanterman v. La Fetra · 8 Cal. App. 90 - In Re Estate of Koch · Andrews v. Schoppe · Tallman v. Tallman
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The word “belongings” used by the testator with reference to the bequest to his wife, is generally understood as including the property that one owns, and it is not infrequently used in that broad sense; and in the instant case we feel that the word may reasonably be used to include all of the testator’s remaining property when we consider how the word “belongings” is ordinarily understood by the lay mind.’ ” At page 697: “Battantine’s Law Dictionary [Supp. 1954] in discussing the word ‘belongings’ says: ‘Although the word (belongings) as used in a will, has, on occasion, been restricted to such chattels as are peculiarly attached to the person, it has more frequently been construed broadly, under the language of the particular wills involved, to include personal property of every nature and even real estate.’ ””
2 later decisions quote this exact passage“It is also axiomatic that we must stand by the words of the will, and we cannot attribute to the testator any intention which cannot reasonably be drawn from the language of the testamentary document itself; but it is also the rule that in examining a testamentary document we must do so with a view to discovering the dominant testamentary scheme or general intention of the decedent; and in this connection the apparent meaning of particular words, phrases or provisions must be subordinated to such scheme, plan or dominant purpose.”
1 later decision quote this exact passage“... technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with such technical sense.”
1 later decision quote this exact passagee.g. Estate of Graham
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.