592 So. 2d 212 - Goodwin v. Goodwin’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is clear from the wording of Paragraph 2 of the antenuptial agreement that it was the intention of these parties when they signed this antenuptial agreement that [the wife] have a life estate in the homestead property. It is equally clear that it was not the intention of the parties in signing this antenuptial agreement that [the wife] would waive her right under § 6-10-3 to dissent from a conveyance of the homestead. “The trial court reasoned that because one does not obtain a spouse’s right to dissent from a conveyance of the homestead until one becomes a spouse, [the wife] meant to waive her right to consent to the conveyance of the homestead by signing the antenuptial agreement. We can not agree that this is what the two intended. Why would [the wife] waive, in paragraph 4, the right to continue to live in the homestead specifically set aside to her in paragraph 2? “Furthermore, the waiver of spousal rights under paragraph 4 specifically refers to the waiver of spousal rights as being given ‘[p]ursuant to the authority of Section 43-8-72 of the Code of Alabama 1975, as amended....’””

   1 later decision quote this exact passage · from the majority
   e.g. 53 So. 3d 922 - Nelson v. Estate of Nelson

2. ““The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure .... ””

   1 later decision quote this exact passage · from the majority
   e.g. Poulin v. Norwood