Clarke v. Kirk’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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A virtually endless catalog of rules is available for use by courts faced with the task of interpreting or construing a decedent’s will. Most of such rules are easily stated and imminently [sic] logical, but extremely difficult to apply to a particular case. See generally 2 J. Merritt, Kentucky Practice, Chapters 30 & 31 (1984). In an effort to achieve a proper result in this ease, we go first to the most basic of all such rules, the so-called “polar star rule.” This rule holds that in the absence of some illegality, the intention of the testator is controlling. Scheinman v. Marx, Ky., 437 S.W.2d 504 (1969), and Combs v. First Security National Bank and Trust Co., Ky., 431 S.W.2d 719 (1968). For additional authority, see 22 Kentucky Digest, “Wills,” § 439 (1985). To ascertain the testator’s intention, it is necessary to first examine the language of the instrument. If the language used is a reasonably clear expression of intent, then the inquiry need go no further. Gatewood v. Pickett, 314 Ky. 125 , 234 S.W.2d 489 (1950). If it is not such a clear expression, then it is necessary to construe the language used according to appropriate rules of construction. Looking at the four corners of Leon Owens’s will, he clearly disposed of his entire estate before he reached “ITEM 5.” ITEM 5 is merely a contingency plan in the event all the beneficiaries predeceased the testator (none did). All four children were beneficiaries and were Leon’s descendents. Since they survived Leon, they w”

   3 later decisions quote this exact passage · from the majority
   e.g. Webb v. Maynard · Cheek v. Love