Oxsheer v. Nave’s Empirical Analysis

Citation profile

2 district · 58 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““I am not deciding a case where there is a mere gift of real estate, whether it be a gift directly to the legatee or devisee, or through the intervention of a trustee, or by way of trust for sale. But here I am dealing with a case such as I have mentioned — rwith a general fund made up of proceeds of sale of real estate, and proceeds of, ponvqrsion of personal estate, and there seems to me to be a principle of general application, and no reason occurs to me, none has been suggested, why I should not apply that principle. Therefore, I think that if there is a debt payable by a residuary legatee under such circumstances as exist here, that debt must, for the purposes of computation, be included in the residue, and — again for the purposes of computation-treated as part of the share going to the legatee debtor.””

   1 later decision quote this exact passage
   e.g. Russell v. Adams

2. ““All the courts, except those which adhere to the theory that it is a race of diligence between the administrator and other creditors of the heir who is indebted to the estate, hold that a creditor of such heir can acquire no better right in the estate than that held by the heir himself. Since when the heir owes the estate more than the value of his share and does not pay his debt he has no interest in the other property of the estate, it necessarily follows, as we think, that a creditor, by a sale and purchase under judicial process of his nominal interest, can acquire no right in the property.””

   1 later decision quote this exact passage
   e.g. Boyer v. Robinson

3. ““This clear and able exposition, in our opinion, announces the true doctrine and leaves little to be said. We think it decisive of the question certified.””

   1 later decision quote this exact passage
   e.g. Russell v. Adams