Vaughan v. Vaughan’s Empirical Analysis
1952
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2017
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wilkerson v. Wilkerson · Denson v. Realty Mortgage Co. · Jefferson County v. Johnson · Cox v. Dodd · Shadix v. City of Birimingham
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Decedent in the instant case left surviving four children by his first 'wife. None are shown by the second wife. His will devises one-half of his property to his first wife and one-half to his four children. His children are not made parties. The real controversy is between the two alleged wives to determine which one of them may dissent from or take under the will, or otherwise take a widow’s share. The personal representative has no interest in that controversy. The estate does not stand to gain or lose by the result of that controversy. “The appointment of an administrator ad litem is provided for in section 165, Title 61, Code, and it is required when the estate of decedent must be represented and there is no executor or administrator or he is adversely interested. “We think the interest of the estate is not such as to require personal representation, Ex parte Riley, 247 Ala. 242 , 23 So.2d 592 ; and that appellant (the second wife) is such successor to deceased as to be the proper one to represent his interest in this suit, and to protect her personal rights.” (Par. Supplied) ( 258 Ala. at 342 , 62 So.2d at 471 )”
1 later decision quote this exact passagee.g. Turner v. Hargrove““It has been held that where the first wife seeks to set aside a divorce after the death of the husband, for the purpose of establishing that she, and not the second wife of the decedent, is his widow, the estate of the decedent is not interested to the extent that the personal representative of the deceased must be made a party. . . . ” 24 Am.Jur.2d, page 597, Divorce and Separation, § 473.”
1 later decision quote this exact passagee.g. Turner v. Hargrove“If no question is involved but the marital status, the court will not revive and continue a divorce suit pending at the time of the death of a party. . . .”
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.