Schultz v. Brewer’s Empirical Analysis

Citation profile

3 federal appellate · 7 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Even where a surviving spouse is ob: igated to dispose of his proper^ty a: death in a certain manner courts .are slow to hold he cannot dispose of his own property in good faith during his lifetim’e unless he has expressly agreed not to do so. Plaintiffs do not allege here that the deed from Joseph to his daughter Helen was hot made in good faith. Nor, we may add, is there any claim of implied agreement between Joseph and Mary which was violated by Joseph’s deed to Helen. “The Annotation in 108 A.L.R. 867 , .868-869, says: ‘It may ]be stated generally that the courts will not consider that the parties to a joint and mutual will intended to limit the disposition by each of his or her own property in good faith during, his or her lifetime, unless a plain intention to this effect is expressed in the will or in the agreement pursuant to which it is executed. Thus, where husband and wife, pursuant to agreement between them, make a joint will giving to the survivor the income of their real and personal property during life, and providing that after the death of the survivor the property shall be divided in á certain manner, each during his lifetime remains the absolute owner of his own property, with all the rights of an owner, and nothing short of plain and express words to that effect will be sufficient to limit the use of, or to impress a trust upon, the property of the other during his or her lifetime, so as to prevent disposition thereof by the owner in good faith after the d”

   2 later decisions quote this exact passage
   e.g. Estate of Awtry v. Commissioner · Estate of Emmet Awtry, Deceased, Nellie Awtry v. Commissioner of Internal Revenue