Lardner v. Williams’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question is, what is the proper construction to be given to the provisions of the will, construing it all together, and giving effect to the manifest intent of the testator as shown by the will, in the light of the surrounding circumstances. Hopkins v. Holt, 9 Wis. 228 ; Eastman’s Estate, 24 Wis. 556 ; Lovass v. Olson, 92 Wis. 616 ( 67 N. W. 605 ). Applying this test to the will in the present case, we can entertain no doubt that the intent of the testator was to give his widow power to mortgage the property as well as to sell and convey it. Otherwise she might not be able to educate and support the children, and would not have that full right and power ‘to hold the property and business’ and carry on the same in the same manner as the testator could do if living, and the clear intent of the testator would be defeated. Kent v. Morrison, 153 Mass. 137 ( 26 N. E. 427 ).””

   1 later decision quote this exact passage
   e.g. Anderson v. Anderson

2. ““In the present case it was conclusively shown, not only by the circumstances but by direct evidence, that both mortgagor and mortgagees intended and agreed that the fee of .the land should be mortgaged, and not the mere life estate, and that they knew that the power to mortgage came from the provisions of the will, and that they supposed that a mortgage in usual form would be sufficient to make a valid mortgage on the fee under the will. No lawyer was consulted, but one of the mortgagees drew the papers, and did not suppose it necessary to recite the power, but thought an ordinary mortgage would be sufficient. If a court of equity could not relieve the mortgagee under such circumstances, and make the agreement what it was intended to be, it would be a reproach to the law.””

   1 later decision quote this exact passage
   e.g. Shearer v. Pringle

3. ““The widow had a life estate during widowhood, and a power of sale over the same land. The well-established rule at common law is that where a person has both an interest and a power, a conveyance which contains no apt words indicating an intent to exercise the power will be held to be merely a conveyance of the interest, and not an execution of the power. 4 Kent, Comm. 334, 335; Sugden, Powers, ch. 6, sec. 8; Mut. L. Ins. Co. v. Shipman, 119 N. Y. 324 . This rule was recognized and adopted in this state in case of a quitclaim deed made by a life tenant who' had a power to convey the fee. Towle v. Ewing, 23 Wis. 336 .””

   1 later decision quote this exact passage
   e.g. Meister v. Francisco