Bevan v. . Cooper’s Empirical Analysis

Citation profile

79 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ In such case it has never been held by our courts that such devise did not give full effect to the phrases of the residuary clause, without forcing, or giving ground for, an inference that the legacies were in the mind of the testator, as being that subtraction from the real estate which was to leave a rest and residue of it. The cases cited on the argument, in which legacies have been charged upon the real estate on the strength of the residuary clause, are where the language of it- was such (aided or not by other provisions of the will, and by extraneous circumstances, as the case might be) as that the court could well hold that there was a blending of the two-kinds of property — the whole estate — into one mass, and that a gift of the residue so blended imported an intention that the legacies were to be paid first thereout. When there has been a prior specific devise of real estate, that interpretation has not been thought applicable.””

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