Baldwin v. Baldwin’s Empirical Analysis

Citation profile

4 federal appellate · 35 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As between husband and wife a joint tenancy is an exception to the community property rule of this state and in derogation of the general policy of that system of holding property, and this being true a clause in a deed creating a joint tenancy between them should be effective only where it clearly appears that both spouses have agreed that the property should be taken in that way. A deed is generally signed by the grantor only, hence, before a joint tenancy clause may be held binding on the grantees and the community property law thereby defeated, we think it necessary not merely that the deed contain language creating such an estate but that it further appear that the deed was accepted by the spouse whose property it is sought to bring within its terms, knowing that it contained that provision. If the deed itself contains nothing showing this fact, such, for instance, as an acceptance of the terms thereof in the handwriting of the grantees, or an endorsement by the recorder that it was placed of record at the request of the deceased spouse, it might be established by any proper extrinsic evidence.”

   3 later decisions quote this exact passage
   e.g. Staley v. Estate of Harber · Trimble v. St. Joseph's Hospital

2. ““Right of survivorship abolished.— Where two (2) or more persons hold property jointly and one (1) joint owner dies before severance, and the grant or devise does not expressly vest the estate in the survivor, the interest in the estate of the owner dying shall not'survive to the’ remaining joint owners but shall descend to the heirs of the deceased joint owner as though his interest had been severed and ascertained.””

   1 later decision quote this exact passage
   e.g. Brown v. Navarre

3. “‘It should not be overlooked on the one hand that the doctrine of survivorship is not a favorite of the law, ... and upon the other, that the community property principle is too deeply rooted in the policy of this state to permit it to be set aside except in those cases in which the law clearly permits it and the parties so intend.’ In re Estate of Baldwin, 50 Ariz. at 275 , 71 P.2d at 795 .”

   1 later decision quote this exact passage
   e.g. In Re the Estate of Calligaro v. Owen