Haseltine v. Shepherd’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the light of the many decisions cited, we think there can no longer be any doubt but that the court has jurisdiction to construe a will upon the bill of a devisee, and to determine the character of the estate received by him under a devise, and the extent of his powers thereunder, as between himself and other devisees who claim, or may claim, adversely to him. It is not necessary that the claim should be controversial and litigious. It is sufficient, if doubts exist, out of which litigious claims may arise between devisees. Many of the bills referred to have been styled ‘amicable bills.’ They were cases where doubts existed as to the relative rights of the devisees under a will, as between themselves, and where an adjudication in advance would tend to prevent controversy. “The benign purpose of the statute, as expressed by Judge Walton in Baldwin v. Bean, is to prevent litigation, to avoid a multiplicity of suits, or to remove clouds that may rest upon titles, that their owners may be enabled to deal with the property more understandingly, and if need be to sell it for its true value. Chief Justice Peters in Richardson v. Richardson, 80 Maine, 585, said that a bill under this statute is a privileged suit, and that the ear of the court should be open to it. The purpose of the statute thus happily stated has seemed to guide the court in all of its adjudications from Baldwin v. Bean until the present time. “It should be said however that the court will not feel itself bound ”

   1 later decision quote this exact passage · from the majority
   e.g. First Portland National Bank v. Rodrique

2. ““. . . barren of any statement of facts tending to show that any exigency existed which made the interpretation by the court to be immediately useful to the parties, they . . . show the character of the interest in the construction of a will which a party must have in order to invoke the jurisdiction of the court.” (emphasis supplied) ( 99 Me. at 503 , 59 A. at 1028 )”

   1 later decision quote this exact passage · from the majority
   e.g. Ziehl Ex Rel. Ziehl v. Maine National Bank