Beals ex rel. Walker v. Ares’s Empirical Analysis

Citation profile

8 federal appellate · 6 district · 163 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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““See. 7. May be Joint Tenants, Etc. — A husband and wife may hold property as joint tenants, tenants in common, or as community property.” (68-301. See note.) “See. 8. Separate Property of the Wife. • — All property of the wife owned by her before marriage and that acquired after-wards by gift, bequest, devise or descent, with the rents, issues and profits thereof is her separate property. The wife may without the consent of her husband convey her separate property.” (68-302.) “See. 9. Separate Property of the Husband. — All property owned by the husband before marriage, and that acquired after-wards by gift, bequest, devise or descent, with the rents, issues and profits thereof is his separate property.” (68-303.) “See. 10. Commumty Property. — Conveyances by Married Women. — Limitations. ■ — All other property acquired after marriage by either husband or wife, or both, is community property.” (68-401.) “Sec. 17. Courtesy and Bower Not Allowed. — No estate is allowed the husband as tenant by courtesy upon the death of his wife; nor is any estate in dower alloted to the wife upon the death of her husband.” (68-308.) “Sec. 26. Bistribution of the Common Property on Beath of Wife. — Upon the death of the wife, the entire community property, without administration, belongs to the surviving husband, except such portion thereof as may have been set apart to her by a judicial decree, for her support and maintenance, which portion is subject to her testamentary disposition, and in t”

   2 later decisions quote this exact passage · from the majority
   e.g. Hernandez v. Becker · In Re Chavez Estate

2. “‘ ‘ Under this rule, as we shall later show, the burden would be upon the husband in all transactions between them to show the fairness of the transaction, the adequacy of the consideration, and the absence of fraud and undue influence. . . . “In view of the foregoing authorities, the following propositions may be accepted without question: “ (1) That the transaction in question was presumptively fraudulent. “(2) That the duty devolved upon the husband to show (a) the payment of an adequate consideration, (b) full disclosure by him as to the rights of the wife and the value and extent of the community property, and (c) that the wife had competent and independent advice in conferring the benefits upon her husband.””

   2 later decisions quote this exact passage · from the majority
   e.g. In Re the Estate of Madden · Primus v. Clark

3. ““From the foregoing’, the following propositions may be accepted as settled: (1) That under the law in this jurisdiction, the wife’s interest in the community property is equal with that of the husband; that while he is by statute made the agent of the community and given dominion and control over the community property during the continuance of the marriage relation, his interest in the property by reason of such fact is not superior to that of his wife.””

   2 later decisions quote this exact passage · from the majority
   e.g. Baca v. Village of Belen · Duran v. New Mexico Department of Human Services