Smith v. Ricks’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In further support of their contention, . appellees strenuously urge upon the Court the reasoning employed in Slater v. Culpepper, 222 La. 962 , 64 So.2d 234 , 37 A.L.R.2d 1216 ; Winsberg v. Winsberg, 220 La. 398 , 56 So.2d 730 . Both of these decisions follow the holdings of a minority of the courts (See 37 A.L.R.2d 1216 ) to the effect that irrespective of the Treasury regulations, which provide that the co-owner named in a United States Savings Bond, when predeceased by the other co-owner, will be recognized as the sole owner, nevertheless, if the bonds were purchased with community funds, the proceeds thereof remain the community property of the husband and wife under the laws so providing of the State of their residence, and the heirs or legatees of the spouse first dying may proceed in reconvention against the estate of the surviving spouse holding or collecting on the bonds for a one-half interest representing the interest of the spouse first dying. “The majority of the courts, however, follow the reasoning discussed by the late Associate Justice Smedley in Edds v. Mitchell, 143 Tex. 307 , 184 S.W.2d 823, 829 , 158 A.L.R. 470 , to the .effect that the Federal statutes ‘authorizing the Secretary of the Treasury to issue the bonds, subject to such terms and conditions as he may prescribe, and the Treasury regulations under which they are issued are the valid exercise of the constitutional power “to borrow Money on the credit of the United States” (article 1 § 8, cl. 2),”

   1 later decision quote this exact passage
   e.g. Free v. Bland

2. ““December 25th, 1952 “To whom it may concern: “That I John Michael Dooley, do hereby make and publish this as my will and testament. “I direct that my body be buried in a Chrisicmlike manner in a Local cemetery. “I give devise and bequeath in trust unto D. H. Ricks and Viola Ricks of 1706 Morse St. Houston Texas as trustee’s all of my estate both real and personal, wherever same may be situated, to be held and used by said Trustee’s for the purpose hereinafter named. The mental and physical condition of my wife, Anna F. Dooley is such according to her doctors that she will never again be able to care for herself, or to conduct any kind of business affairs. With sincere desire. Should she survive me, to see that she is properly cared for so long as she should live. I hereby name and designate D. H. Ricks and Viola Ricks of Houton, Texas as trustee’s and direct they use the income from sale of my estate for the maintenance and support of my wife, and not placed in a State institution. Upon the death of my wife if any portion of the estate remains after the payment of expenses then I give and bequeath all of the remainder of my estate to D. H. Ricks and Viola Ricks. “(signed) “John Michael Dooley.””

   1 later decision quote this exact passage
   e.g. Ricks v. Smith

3. ““In construing wills the cardinal rule to be followed is to seek and enforce the intention of the testator; and if the intention is not clearly ex pressed by the particular language used, it may be determined by looking to the whole of the instrument, viewed in the light of the circumstances surrounding the testator at the time the language was used in the execution of the will. Guilliams v. Koonsman, 154 Tex. 401 , 279 S.W.2d 579 ; First Methodist Episcopal Church South v. Anderson, Tex.Civ.App., 110 S.W.2d 1177 , error dism.; Hassell v. Frey, 131 Tex. 578 , 117 S.W.2d 413 ; Kennard v. Kennard, Tex.Civ.App., 84 S.W.2d 315 , error dism.””

   1 later decision quote this exact passage
   e.g. Bergin v. Bergin