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← 37 SW2D 141 - McMullen v. Sims

McMullen v. Sims’s Empirical Analysis

1931

Citation profile

29
cited by 29 later decisions
1
states following
August 2003
most recently cited

1 federal appellate · 27 state decisions

How this case has been cited

Cited by 29 later decisions — most recently August 2003 · most notably Interfirst Bank Dallas, N.A. v. Risser (1987), Barrientos v. Nava (2002)

1 federal appellate · 27 state decisions

10019311940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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

  1. ““2. Flaving in mind the pending separation of myself and wife, Gladys Johnson Sims, pre-supposing a divorcement of such 'marriage and a continued separation, and there now being nó community property rights existing between myself and wife, she having received and taken all of her separate and individual as well as her interest in the community property prior to this date, and entertaining a strong fatherly love for my two girl children, Helen Trix Sims and Mildred Beverly Sims, and to the end that my said children may be provided for should they at any time hereafter become in want and in need of a support, I hereby give and bequeath unto my brother, V. B. Sims, all and entire of my estate of which I may die possessed of, including all of my real and personal property, bills receivable, life insurance policies or any and all other demands, annuities or other incomes or sources of" income. “3. It is my desire and I so direct that my said brother, V. B. Sims shall take and hold said properties of and belonging to my estate and to handle same according to his best judgment in such a manner that said estate may be placed and conducted upon an income basis, that is, that moneys belonging to my said estate shall be invested or loaned at interest in a safe manner so as it may be continually bringing and bearing an income, and that the real estate may be so managed, handled and controlled as to produce an income either in rents or leasage, and that my personal property be converted ”
    1 later decision quote this exact passage
  2. ““In determining the intention of a testator, separate statements and clauses should not be considered alone, but the whole will should be taken together, and should be considered with relation to the language used in other parts so as to give effect to the general intention thereby ascertained.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.