III v. H S’s Empirical Analysis
Citation profile
4
cited by 4 later decisions
3
states following
June 2021
most recently cited
3 state decisions
Relationships
Relies on City National Bank v. Johnson · Mercer v. McKeel · Panagopulos v. Manning Et Ux. · Union & Planters' Bank & Trust Co. v. Elder · Watson v. Poindexter
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he Klaessons provide us with numerous cases that hold that equitable owners may claim homestead rights, and we entertain no doubt that, under Arkansas law, a person in possession as the beneficiary of a trust could claim the protection of the homestead exemption, assuming, of course, that he or she was married or the head of a family. But here the Klaessons are not beneficiaries of the trust. Their right to occupy is merely contractual and subject to revocation, which makes them at most tenants at will of the relevant property. [[Image here]] ... [W]e believe and hold that a person who occupies premises with the permission of the owner has a sufficient interest in the realty to support a claim for a homestead exemption under Arkansas law.... It is important to realize, however, that such a homestead exemption would be good only to the extent of the interest owned.”
1 later decision quote this exact passage · from the majority“[t]he Klaessons occupy the real property in which they claim a homestead exemption as a residence, but the fee-simple title to it is held in trust by the trustees of the Klaesson Family Trust. The Klaessons are among the trustees of the trust, but they are not beneficiaries of it, and, although they were its settlors, they did not retain any reversionary interest in the corpus, not even a power to revoke. They occupy the property merely because they have a contract with the trust which “requires” them to “live on the premises,” subject to having to vacate on fifteen days’ notice. This revocable right of occupancy is the only interest in the property that they enjoy.”
1 later decision quote this exact passage · from the majority
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.