Stickney v. Stickney’s Empirical Analysis

Citation profile

23 federal appellate · 10 district · 54 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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Any presumption of that kind, if it would otherwise arise in the case, was entirely rebutted by her repeated and express directions to invest the moneys for her benefit in her own name. But we are of opinion that, in the absence of her testimony, there would be no presumption, since the passage of the Married Woman’s Act, that she intended to give to her husband the moneys she placed in his hands, any more than a gift would be inferred from a third person who in like manner deposited money with him. If there he no proof of indebtedness to the party receiving the moneys, the presumption would naturally be that they were placed with him to be held subject to the order of the other party, or to be invested for the latter’s benefit. We think that whenever a husband acquires possession of the separate property of his wife, whether with or without her consent, he must be deemed to hold it in trust for her benefit, in the absence of any direct evidence that she intended to make a gift of it to him.””

   7 later decisions quote this exact passage · from the majority
   e.g. In re Carpenter · In re Remmerde

2. ““It was firmly established at an early day that a wife could make a valid gift of her separate estate to her husband; and it has been held that a statute prohibiting a sale by a wife of her separate property to her husband does not prevent a gift of it to him. A woman may permit her husband to have the possession of her separate property without giving it to him or subjecting it to the claims of his creditors. Where a wife’s separate property comes into the hands of her husband from her or others acting for her, the law will not presume that it was a gift to him, but the burden is on him to establish that it was a gift. As said by the federal Supreme Court. ‘Whenever a husband acquires possession of the separate property of his wife, whether with or without her consent, he must be deemed to hold it in trust for her benefit, in the absence of any direct evidence that she intended to make a gift of it to him. ’ ’ ’”

   3 later decisions quote this exact passage
   e.g. In re Neiman · Jent's Executors v. Dodson

3. ““If mere possession were sufficient evidence of a gift, the act of 1848 [that allowing the wife to own property separately] would be useless to the wife. Nothing is more easy than for the husband to obtain possession, even against the consent of the wife. And where he obtains it with her consent, it can be at most but slight evidence of a gift.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ralls v. Ralls · Carter v. Becker