Pence v. Cole’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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Upon the death of either husband Or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. * * *””

   3 later decisions quote this exact passage
   e.g. In Re Musselman's Estate · Lawley v. Richardson

2. “What person so exposed to imposition as a woman, contracting personally with her intended husband, just on the eve of marriage, at a time when all prudential considerations are likely to be merged in a confiding attachment, or suppressed from an honorable instinct and sentiment of delicacy?”

   1 later decision quote this exact passage
   e.g. Matter of Estate of Burgess

3. “The right of the surviving spouse to continue to possess and occupy the homestead is an individual right, and not an interest in the testator's property. This right is not subject to testamentary disposition and does not pass under the decedent's will.”

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