Martin v. Taylor’s Empirical Analysis
1975
Citation profile
8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently May 1992
8 state decisions
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.
Relationships
Relies on Meacham v. Graham · Burdick v. Gilpin · Eckhardt v. Phillips · Templeton v. Stong · McCord v. Ransom
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Further, this court is committed to the rule that in the absence of a contrary intention clearly indicated in the will and codicil, where there is an immediate gift to A, and a gift over in case of A’s death without issue, the gift over will take effect only in event of A’s death before the testator. Nichols v. Masterson, 186 Tenn. 38 , 208 S.W.2d 332 (1948); Templeton v. Stong, 182 Tenn. 591 , 188 S.W.2d 560 (1945); Eckhardt v. Phillips, 176 Tenn. 34 , 137 S.W.2d 301 (1940); Meacham v. Graham, 98 Tenn. 190 , 39 S.W. 12 (1897). “There is still another rule equally as well established . . ., and that is, where the disposition of the property which is devised is preceded by a prior estate for life or years, the death without issue refers to a death occurring during the period of the intervening estate, such as before the death of the life tenant, unless there are words in the will which show that the testator intended to refer to a death occurring before his decease, or at a later date than the termination of the particular estate.” Carr v. Carr, 8 Tenn. C.C.A. 406, 410 (1918). See also McCord v. Ransom, 185 Tenn. 677 , 207 S.W.2d 581 (1948); Templeton v. Stong, 182 Tenn. 591 , 188 S.W.2d 560 (1945); Eckhardt v. Phillips, 176 Tenn. 34 , 137 S.W.2d 301 (1940). 521 S.W.2d at 584 .”
1 later decision quote this exact passagee.g. Harris v. Bittikofer“Auxiliary and subsidiary rules of construction have been created as convenient aids to determine the intent of the testator, but being subordinate to the cardinal rule, or the rule of intent, they must necessarily contain the saving clause, “unless a contrary intention appear from the will.” (Emphasis supplied).”
1 later decision quote this exact passagee.g. Harris v. Bittikofer
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.