Malone v. Sullivan’s Empirical Analysis

Citation profile

2 federal appellate · 6 district · 52 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Joint tenancies and tenancies by the entirety, with their doctrine of survivorship by operation of law as it obtained at the common law, are abolished in this state. It will be observed that the rule of survivorship in joint tenancies and tenancies by the entirety still obtains as to trust estates, and was not abrogated by the act. The nature of these tenancies should therefore be indicated. “A joint tenancy exists where a single estate in property, real or personal, is owned by two or more persons, under one instrument or act of the parties. The grand incident of joint tenancy is survivorship, by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor. An estate by the entirety is defined as the estate held by husband and wife by virtue of title acquired by them jointly after marriage. The essential characteristic of an estate by the entirety is that each spouse takes the entire estate conveyed to him and does not take a separate portion of any estate. In such a case one alone, without the consent of the other, cannot sell, mortgage, or encumber the property. . . . The statute [referring to G. S. 1935, 22-132] merely puts an end to joint tenancy and survivorship as a matter of law — that is, in matters of intestate succession the common law rule of survivorship no longer prevails in this state. The statute does not undertake to forbid joint tenancy and survivorship by negotiation or contract of the parties con”

   1 later decision quote this exact passage · from the majority
   e.g. Bouska v. Bouska

2. ““If partition be not made between joint tenants or joint owners of estates in entirety, whether they be such as might have been compelled to make partition or not, or whatever kind the estate or thing holden or possessed be, the parts of those who die first shall not accrue to the survivors, but shall descend or pass by devise, and shall be subject to debts or charges and be considered to every other intent and purpose as if such joint tenants or tenants of estate in entirety had been or were tenants in common; but nothing in this act shall be taken to affect any trust estate.” (G. S. 1935, 22-132.)”

   1 later decision quote this exact passage · from the majority
   e.g. Bouska v. Bouska

3. ““Deposits may be made in the names of two or more persons, including minors, payable to either or any of them, or payable to either or any of the survivors or the sole survivors, and such deposits or any part thereof or any interest thereon, may be paid to or on order of any of said persons whether the other or others be living or not; and the receipt, order, or acquittance of the person so paid shall be valid and sufficient release and discharge to the bank for any payment so made.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Wood