Johnson v. Johnson’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The second suit involved a joint bank account of $1,110.92 standing in the names of deceased, Lemon Adams, ‘or’ his niece, appellee Ruth Jones. The trial court held this account to be the property of Ruth Jones. We will dispose of this feature of the appeal first. “Appellant and Lemon Adams consummated a common law marriage about January 4, 1949. “In 1942 Lemon Adams opened an account in the First National Bank of 1 Schulenberg, Texas, in his own name. “In 1945 this account was changed to a joint account and the following in strument was executed by Lemon Adams and his niece Ruth Jones : ‘Joint Account — Payable To Either Or Survivor “ ‘We agree and declare that all funds now, or hereafter, deposited in this account are, and shall be our joint property and owned by us as joint tenants with right of survivorship, and not as tenants in common; and upon the death of either of us any balance in said account shall become the absolute property of the survivor. The entire account or any part thereof may be withdrawn by, or upon the order of, either of us or the survivor. “ ‘It is especially agreed that withdrawals of funds by the survivor shall be binding upon us and upon our heirs, next of kin, legatees, assigns and personal representatives. “‘(Signed) Lemon Adams “ (Signed) Ruth Jones’ “Ruth Jones never at any time made a deposit to such account or withdrew any money therefrom, all such deposits and withdrawals being made solely by Lemon Adams. “All of the monies deposited to suc”

   1 later decision quote this exact passage
   e.g. Hendricks v. Lundy

2. ““Under the authority of the case of Adams v. Jones supra we hold the instrument creating the joint bank account in the Perryton National Bank created a present contractual right whereby either of the signatories to the instrument could withdraw any or all of the funds deposited at any time after the creation of the account and the right of the survivor of them to withdraw such funds at the death of either was created in praesenti and upon the death of Lula Lavernia Johnson, Bruce Johnson had the legal right to withdraw such funds as remained in the joint account as his own property.””

   1 later decision quote this exact passage
   e.g. Wallrath v. Calvert

3. “"... 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 re-maindermen 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 remainder-men other than to acquire that which might remain after the death of the survivor.””

   1 later decision quote this exact passage
   e.g. Dickerson v. Keller