Sinnes v. Pereno’s Empirical Analysis

Citation profile

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

1. ““The trial court abused its discretion in determining that the intent of the testator was that the bequest lapses. Sinnes’ position as a member of the testator’s family and as a close business associate make him a natural object of the testator’s bounty. Sinnes’ ability to perform the conditions of the bequest was made impossible by the acts of the co-personal representatives who stand to gain, because, as residuary legatees, they will take a part of any lapsed gift. “Where ... the impossibility arises not from some natural event beyond the control of anyone but from a volitional act or course of conduct on the part of someone other than the beneficiary, the courts have made a somewhat greater effort to discern what the testator would have done had he foreseen the problem.” Muffoletto v. Melick, 72 Md.App. 551 , 531 A.2d 1285, 1289 (1987). [[Image here]] There is nothing in the record to suggest that the testator foresaw or reasonably could have foreseen that the co-personal representatives would preclude Sinnes from performing the conditions precedent to his bequest. We conclude that, if the testator had foreseen these circumstances, he would have desired that strict compliance be excused.” Id. at 997 — 998.”

   1 later decision quote this exact passage
   e.g. 766 So. 2d 1091 - Newman v. Newman