Gordon v. James’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The argument is perfectly sound, but the existence of the premises is erroneously assumed. Section 4496 does not say, upon the renunciation of the will by the widow the decedent becomes ‘partially intestate’ or ‘intestate as to a portion of his estate,’ but expressly recites that upon the filing of such renunciation the widow ‘shall be entitled to such part of his estate, real and personal-, as she would have been entitled to if he had died intestate.’ If the decedent had died intestate in the instant case — and by operation of the statute quoted so he did, so far as regards the rights of his widow — the widow would have been entitled to one-half of his real and personal estate, under certain well-understood conditions and limitations. And they are not difficult of understanding. Upon the death of an intestate the estate, both real and personal, stands charged with the debts of the decedent — the personal estate primarily; secondarily, when the personalty is exhausted, the real estate. After the payment of debts, an heir’s lawful portion of the residue vests in the widow.” (Page 740.)”

   1 later decision quote this exact passage · from the majority
   e.g. Ashelford v. Chapman

2. “in money, and that to this extent she becomes, not a tenant in common of the property, but a creditor of the estate, is manifestly unsound. The contrary intention is plainly disclosed by the clause of the section immediately following, which announces the rule whereby the court shall be governed in proceeding to make up the deficiency. That rule provides that she is to have a certain proportion of her”

   1 later decision quote this exact passage · from the majority
   e.g. Banks v. Junk

3. “The will of the testator is the supreme law. That being silent, or not showing a contrary desire, the statute will control.”

   1 later decision quote this exact passage · from the majority
   e.g. 360 So. 2d 679 - Stovall v. Stovall