9 E.H. Smith 555 - Edson v. . Parsons’s Empirical Analysis

Citation profile

7 federal appellate · 156 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““I know of no absolute rule of law, which impresses upon wills, similar in their cross provisions, that mutual character, by force of which the survivor’s estate comes under a trust obligation. I understand that something more is needed to warrant equitable intervention and, in the absence of an express agreement, that it must be found in circumstances, which so surround the transaction as, imperatively, to compel the conclusion that the parties intended and undertook to bind themselves and their estates, irrevocably, in the event of the prior death of one.””

   1 later decision quote this exact passage
   e.g. Edwall v. Jesseph

2. ““The wills were similarly made, and hence showed concert of action and similarity of purpose; but not necessarily a binding agreement of such solemnity and far-reaching consequences as the appellant claims. To argue upon the basis that they are mutual wills begs the question. That is a fact to be established by evidence, showing that such was the understanding and the deliberate agreement.” (p. 570.)”

   1 later decision quote this exact passage
   e.g. Menke v. Duwe

3. ““It (the contract) may be established from such facts and circumstances, as will raise an implication, that it was made and may have reinforcement from the evidence of the conduct -of the parties at the time and subsequently.” (Italics ours) (Edson v. Parsons, 155 N. Y. 555, 567 , cited in Anderson v. Anderson, 75 Kan. 117, 127 , 88 Pac. 743 .)”

   1 later decision quote this exact passage
   e.g. Jacks v. Masterson