Kircher v. Murray’s Empirical Analysis
54 F. 617 · 1893
Citation profile
2 federal appellate · 1 state decisions
How this case has been cited
Cited by 6 later decisions — most recently March 1950
2 federal appellate · 1 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 Gibson v. Chouteau · Head v. Hargrave · Redfield v. Parks · Patty v. Middleton · Bagnell v. Broderick
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The plaintiff, therefore, was entitled, at Bunsen’s death, to one-half of the land in controversy, by virtue of her community right. Did she, or could she under any circumstances, assuming that her husband left neither descendants, ascendants, nor collateral relations capable of taking as heirs, inherit, under the Spanish law then of force, the remaining half of the community, which at his death formed part of Bunsen’s separate estate? After giving this question attentive consideration, the conclusion reached by me is that the adjudication of the Texas courts resolve it against the right of the wife to inherit her husband’s estate. Under some circumstances she succeeded to the marital fourth. But that feature of the present case may be eliminated, as the claim of plaintiff is not asserted to the fourth ‘as a relief against poverty.’ She claims the right to take the separate estate of Bunsen (the other one-half of the community remaining at his death) as his heir. In Babb v. Carroll, 21 Tex. 771 , the supreme court, speaking through Mr. Justice Hemphill, says: ‘L. X. The law (Nov. Ree. 1, tit. 28, lib. 10) declared that where there were no heirs, ascendants, or descendants, the property of the deceased should go to the treasury. There were previous laws which secured the surviving husband or wife in the succession of the deceased under certain contingencies: The law (Nov. Rec. 11, tit. 2, lib. 4) of the Fuero Jurgo, which gave the inheritance to the surviving husband or wife ”
1 later decision quote this exact passage · from the dissente.g. Kircher v. Murray
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.