Klingenberg v. Johnson’s Empirical Analysis
1949
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently January 1976
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Estate of Dunphy v. Dunphy · 127 Cal. App. 80 - Estate of McCarthy · In re Estate of Smith · 62 Cal. App. 265 - Estate of Moore · In Re Estate of Bump
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the construction of the will, it will be presumed the deceased knew as a matter of law that he had no power to dispose of his wife's interest in the community property; it will also be presumed that he knew he could only dispose of one- half of the community without his wife's consent; and further it will be presumed he knew, unless the contrary appears from the terms of the will, that he did not intend to devise or bequeath that interest in the community property over which he did not have power to dispose.”
1 later decision quote this exact passage“... before a widow can be denied her right to elect upon distribution to take her half of the community property it must be found that, with knowledge of her rights, by unequivocal acts evidenced her intent, she has so dealt with the property left her by the will that it would be inequitable to permit her to avoid those acts and disclaim her intent.”
1 later decision quote this exact passagee.g. Huntington v. Wilson“It is the testator's intention, and not the ground upon which that intention rests, that must control in the interpretation of his will. A mistaken belief on the part of a testator that he has the unrestricted power to dispose of the property absolutely is immaterial.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.