Phinney v. Kay’s Empirical Analysis

Citation profile

23 federal appellate · 2 district · 1 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The consequences of a holding that after the death of T. M. Harrell the remaindermen could be heard to come into court and inquire into the purposes of deeds made by him during his lifetime are not difficult to perceive. Each conveyance had the effect of reducing the estate which would otherwise have gone to the remaindermen, and it might be that a jury would find that, since it had that effect, it was executed for that purpose and was therefore a fraudulent conveyance. Titles to property should not rest on such uncertain bases. The point need not be labored, for it has been definitely decided by this Court that under wills of similar effect as that before us, where the survivor takes a conditional fee, or even a life estate, with full power of disposition, he may dispose of the property as he sees fit during his lifetime. Hanna v. Ladewig, 73 Tex. 37 , 11 S.W. 133 ; Young v. Campbell, Tex.Civ.App., 175 S.W. 1100 , writ refused; Johnson v. Kirby, Tex. Civ. App., 193 S.W. 1074 , writ refused; Feegles v. Slaughter, Tex.Civ.App., 182 S.W. 10 , writ refused; Kilpatrick v. Cassel, Tex.Civ.App., 19 S.W.2d 805 .””

   2 later decisions quote this exact passage · from the majority
   e.g. Scales v. Scales · Charles Donald Scales v. Ardelle E. Scales and Leslie Byron George, Ardelle E. Scales and Leslie Byron George v. Charles Donald Scales

2. “(2) Powers created after October 21,1942. — To the extent of any property with respect to which the decedent has at the time of his death a general power of appointment created after October 21, 1942, or with respect to which the decedent has at any time exercised or released such a power of appointment by a disposition which is of such nature that if it were a transfer of property owned by the decedent, such property would be includible in the decedent’s gross estate under sections 2035 to 2038, inclusive. A disclaimer or renunciation of such a power of appointment shall not be deemed a release of such power. For purposes of this paragraph (2), the power of appointment shall be considered to exist on the date of the decedent’s death even though the exercise of the power is subject to a precedent giving of notice or even though the exercise of the power takes effect only on the expiration of a stated period after its exercise, whether or not on or before the date of the decedent’s death notice has been given or the power has been exercised.”

   1 later decision quote this exact passage · from the majority
   e.g. Estate of Gilchrist v. Commissioner

3. ““In the instant case the testators in language free of ambiguity have clothed the survivor with the unqualified right to convey the property during his or her lifetime and have limited the rights of the remaindermen to whatever estate remained in the survivor at his or her death, and we are not authorized to impose a limitation upon that right or by implication to grant any right to the remaindermen other than to acquire that which might remain after the death of the survivor.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. Grossman v. Campbell