Klingman v. Gilbert’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . The words ‘failing such issue’ if used alone might under the arbitrary rule of the common law be held to refer to an indefinite failure of issue. But the testator’s purpose is made clear by the context. The phrase ‘if said daughter shall be survived by issue,’ can only mean if she shall have living issue at the time of her death. The subsequent words ‘failing such issue’ as clearly refer to a failure of living issue at the time of the mother’s death. Moreover, the fact that upon her death without issue the property was to go to her brothers sufficiently indicates that the immediate and not the future failure of issue was in the mind of the testator.””

   2 later decisions quote this exact passage · from the majority
   e.g. Steele v. Pedroja · Burnworth v. Fellerman

2. ““Unless an intention to the contrary clearly appears, the members of a class in case of a*" gift to heirs of the testator are to be determined at his death. . . . This rule is the same when the heirs of other than the testator are referred to. ‘Where the gift is to the heirs or next of kin of another than the testator it ordinarily refers to the death of such other, unless the context of the will manifests that the class shall be determined at a different time.’ [’Citation.] For this reason, we think that in the present case the testator must be regarded as intending that at least all children of his sons who survived their father should share in the remainder, whether or not they survived their father’s widow. . . . “Instantly upon the death of one of the testator’s sons, leaving a widow, the widow would take an estate for life (or until remarriage), and the persons would be in being — namely the children of the deceased son — who would have an immediate right to the possession of the property upon the ceasing of the widow’s estate. We therefore think that the children’s estate would vest at the death of their father, and the rule against perpetuities was not violated.” (pp. 550, 551.)”

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

3. ““The question for determination therefore is, When would an estate vest in the children of one of the sons under the circumstances stated? If the actual and obvious purpose of the testator was one which the law does not permit to be carried out, the provision of the will must fail. But if the language is ambiguous, the courts incline towards a construction favorable to the early vesting of an estate in the children and against a construction that would defeat the will.” (p. 549.)”

   1 later decision quote this exact passage · from the majority
   e.g. Anderson v. Wise