Larson v. Stewart’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. ““It was the policy of the courts from the beginning to give the administration of estates over to those having an interest therein, the right originally being in the state or in the king. Statutes have not changed the rule in this respect, excepting in so far as they establish the order of preference. The reason for the rule remains; that is, that if possible the administration of an estate should be put in the hands of those who have the greatest interest therein. On the other hand, the right of a creditor to administer was not recognized in the beginning, and although finally admitted at common law, it has, we believe, come to be regulated wholly by statute in this country. . . . “While holding that a surviving husband or wife, or the next of kin in the order named, has a ‘right’ in the strict sense, one founded upon natural justice and equity, we are of opinion that the creditor has no more than a privilege to pray for and receive letters, if the others do not exercise their preference. . . . But it is generally held that, where there is a right of nomination, the court will give heed to the wishes of the interested parties, and upon a showing of competency, will exercise its discretion in favor of the nominee of the moving parties. Our statute does not, by its express terms, give a right of nomination to any of the enumerated classes, save the sur viving husband or wife. They may request that another be appointed.” (Italics mine.)”

   1 later decision quote this exact passage
   e.g. In Re Mason's Estate

2. ““Administration, of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order: “(1) The surviving husband or wife, or such person as he or she may request to have appointed. “(2) The next of kin in the following order: “(3) One or more of the principal creditors. “(4) [As quoted by the author of the opinion herein.] ””

   1 later decision quote this exact passage
   e.g. In Re Mason's Estate