31 Del. Ch. 49 - Short v. Milby’s Empirical Analysis

Citation profile

1 district · 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[J]oint tenancies are not favored and can only be created by clear and definite language not reasonably capable of any different construction.”) (citations omitted). 33 . See Orth, Joint Tenancies, supra note 2, at 428. I note, however, that it was possible, at the time the earliest predecessor statute to Section 701 was established, to break a joint tenancy through a straw-man conveyance. See id. (”

   1 later decision quote this exact passage
   e.g. David L. Banks v. Mackie H. Banks

2. “No estate, in joint tenancy, in lands, tenements or hereditaments shall be held or claimed by or under any grant, devise or conveyance made to any persons, other than to executors or trustees, unless the premises therein mentioned are expressly granted, devised or conveyed to such persons, to be held as joint tenants and not as tenants in common.”

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