Lindley v. Lindley’s Empirical Analysis

Citation profile

30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Second: We hereby direct, that in the event of the one or the other of us survive the other, then it is the intent of each of us, that the survivor shall have and receive all of our property and estate, both real, personal or mixed, of every kind and nature and [wherever] situate, vested or contingent, absolutely free and clear of any conditions or restrictions, with full power of disposition as to any and all of the same, it being the full intention and desire of both of us to convey to the survivor an absolute title in fee simple estate to both the real, personal and mixed estate, the same being subject only to the death of one of us, the survivor shall then become the owner of said estate and the executor of this will and testament, without bond. Third: We do further direct that should there [be] any property or estate belonging to either of us or the survivor thereof, upon the death of the survivor of us, then we direct and give, devise and bequeath said property and estate which has not been otherwise disposed of by the survivor as follows____””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Armijo

2. ““We do not believe that every non-testamentary gift between persons in confidential relationship must automatically fail because of lack of independent advice. We do agree with Mr. Justice McGhee that such is a salutary procedure. However, we hold that the lack of such advice simply adds to the onus or burden placed on the donee to prove that a particular gift was made under completely honest and fair circumstances, and that undue influence and duress was in fact absent. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. Nance v. Dabau

3. “paragraph “Third” restricts the absolute bequest and devise provided in paragraph “Second” and reduced the former to a life estate in [the wife] upon her husband’s death. They further argue that the will established vested interests in the residuary beneficiaries on [the husband’s] decease which could not be[ impaired] ... ... Plaintiffs insist there is an ambiguity between the second and third paragraphs”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Armijo