Apache State Bank v. Daniels’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Until otherwise provided by' law, in all cases' arising under the probate jurisdiction of the county court, appeals may be taken from the judgments of the county court to the district court of the county in the same manner as is now provided by the laws of the territory of Oklahoma for appeals from the probate- court to the district court, and in all cases appealed from the county court to the district court, the cause shall be tried de novo in the district court upon questions of both law and fact.””

   2 later decisions quote this exact passage
   e.g. Lucas v. Lucas · Barnett v. Blackstone Coal & Milling Co.

2. ““We are not willing to approve the extreme views which have been adopted in the cases cited. We agree with the sentiment expressed in Ridden v. Thrall, 125 N. Y. 572 [ 26 N. E. 627 ] 11 L. R. A. 684 [ 21 Am. St. Rep. 758 ] that ‘public policy requires that the laws regulating gifts causa mortis should not be extended, and that the range of such gifts should not be enlarged.’ When it is remembered that these gifts come into question only after death has closed the lips of the donor; that there is no legal limit to the amount which may be disposed of by means of them; that millions of dollars worth of property are locked up in vaults the keys of which are carried in the owners’ pockets; and that, under the rule, applied in those cases, such wealth may be transferred from the dying owner to his attendant, provided the latter will take the key and swear that it was delivered to him by the deceased for the' purpose of giving him the contents of the vault — the dangerous character of the rule becomes conspicuous. Around every other disposition of the property of the dead, the legislative power has thrown safeguards against fraud and perjury; around this mode, the requirement of actual delivery is the only substantial protection, and the courts should not weaken it by permitting the substitution of convenient and easily proven devices.””

   1 later decision quote this exact passage · from the majority
   e.g. Fouts v. Nance

3. ““An appeal may be taken to the district court from a judgment, decree or order of the county court: “1. Granting, or refusing, or revoking letters testamentary or of administration, or of guardianship. “2. Admitting, or refusing to admit, a will to probate. “3. Against or in favor of the validity of a will or revoking the probate thereof. “4. Against or in favor of setting apart property, or making an allowance for a widow or child. “5. Against or in favor of directing the petition, sale or conveyance, of real property. “6. Settling an account of an executor, or administrator or guardian. “7. Refusing, allowing or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, legacy or distributive share; or, “8. From any other judgment, decree or order of the county court, or of the judge thereof, affecting a substantial right.””

   1 later decision quote this exact passage
   e.g. Barnett v. Blackstone Coal & Milling Co.