Rose v. Wortham’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 7 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Without now attempting to decide upon the use of particular words and phrases as indicating this intention, we are content to hold that the language used in this policy designating the payees as “the legal representatives of the assured,” does not indicate an intention to direct the proceeds to any other persons than those entitled under the law, to wit, the widow and children or next of kin, but under this language the proceeds will pass, as the statute directs, to the widow and children, or, if there be no widow or children, then to the next of kin under the law, who are, in the sense in which the terms are here used, “ the legal representatives of the assured.” It cannot be held that the term “ legal representatives ” was intended to mean the executor or administrator of the deceased, so as to give them a beneficial interest in the recovery, but was intended to designate those who, under the law, succeed to the personal estate of the deceased.”

   1 later decision quote this exact passage
   e.g. Lucky v. Commissioner

2. ““A life insurance effected by a husband on his own life shall inure to the benefit of the widow and next of kin, to be distributed as x>ersonal x>rox>erty, free from the claims of his creditors.” 1 , , ........; Section 2478 (Shannon’s Code, § 4231), which is found in the chapter of the Code entitled “Of Husband and Wife,” provides that: “Any life insurance effected by a husband on his own life shall, in case of his death, inure to the benefit of his widow and children; and the money thence arising shall be divided between them according to the law of distributions, without being in any manner subject to the debts of the husband, whether by attachment, execution or otherwise.””

   1 later decision quote this exact passage
   e.g. In re Moore

3. “It was intended by the statutes to provide a fund for the widow and children and next of kin, which, upon the assured’s death, should go to them free from the claims of creditors; and, like other exemption laws, they have been liberally construed to carry out the general purpose.”

   1 later decision quote this exact passage
   e.g. Lucky v. Commissioner