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← 18 SW3D 694 - Garza v. Rodriguez

Garza v. Rodriguez’s Empirical Analysis

2000

Citation profile

8
cited by 8 later decisions
1
states following
December 2014
most recently cited

7 state decisions

Appellate journey

reviewedthe decision below (from Texas 229th Judicial District Court)

Relationships

Relies on Mayhew v. Town of Sunnyvale · Tyler v. Moriarty · Pope v. Garrett · U-Haul Co. v. Kunkle · Langehennig v. Hohmann

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

  1. “It is my will that all the rest and residue of my property, both real and personal and of any nature and kind whatsoever, and wherever situated of which I shall die seized and possessed, shall pass to and be vested in fee simple title on my nephew, Santiago Rodriguez, Jr., son of my sister Eusebia Lopez de Rodriguez, to be owned and enjoyed by him with God’s and my blessings forever.... But should he die without lawful issue of his body, then, and in that event, it is my will and wish that all of my aforesaid property shall pass to and be vested in fee simple in my sister, the said Eusebia Lopez de Rodriguez, her heirs and their descendants per stirpes, to be enjoyed by her, or her said heirs together with God’s and my blessings forever.”
    1 later decision quote this exact passage
  2. “Section 5’s clause “matter incident to an estate,” however, will not create jurisdiction for the county court in the absence of a pending probate matter.... Stated differently, before a matter can be regarded as incident to an estate over which the county court acting as a probate court would have jurisdiction, a probate proceeding must actually be pending.... [A] court empowered with probate jurisdiction may only exercise its probate jurisdiction over matters incident to an estate when a probate matter proceeding related to such matter is already pending....”
    1 later decision quote this exact passage
  3. “As amended, section 5 expanded the jurisdiction of the county court in probate matters to allow it the power to hear all matters incident to an estate, including, but not limited to, an action to construe a will....”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.