689 So. 2d 139 - Self v. Roper’s Empirical Analysis
1996
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently March 2018
5 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 398 So. 2d 267 - Taylor v. Taylor · Skipper v. State · 53 Ala. App. 201 - Wilson v. Wilson · Matthews v. Lytle · 451 So. 2d 783 - Mann v. Mann
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Section 43-2-848(a), [Ala.] Code 1975, provides that the personal representative is entitled to a percentage ‘of the value of all property received and under the possession and control of the personal representative.... ’ (Emphasis added.) Pursuant to § 43-2-830(b), [Ala.] Code 1975, the personal property of the intestate decedent devolves to the personal representative. Unlike personal property, the intestate decedent’s real property devolves to the decedent’s heirs. That is, the personal representative is generally not in possession or control of the real property. § 43-2-830(a), [Ala.] Code 1975. “There are two exceptions to the above-stated general rule regarding the devolution of the intestate decedent’s real property: The first exception is that the devolution of a decedent’s real property is subject to the rights of creditors and to administration. § 43-2-830, [Ala.] Code 1975. In other words, title to the real property vests upon death in the heirs as joint owners, but subject to divestment, if needed, for payment of debts of the estate or costs and expenses of administration. Real property is left with the heirs, the persons presumptively entitled thereto, unless the personal representative shall determine that his possession of the real property is necessary for purposes of administration. § 43-2-837, [Ala.] Code 1975. “The parties stipulated ... that there was on deposit in the estate administration proceeding approximately $300,000, with no known debts of the est”
1 later decision quote this exact passagee.g. Schlumpf v. D'Olive“A judgment that `declares the rights of the parties and settles the equities is final even though further proceedings by the court are envisioned so as to effectuate the decree.'”
1 later decision quote this exact passagee.g. Queen v. Belcher“the personal representative is entitled to a percentage 'of the value of all property received and under the possession and control of the personal representative ,'”
1 later decision quote this exact passagee.g. Caplan v. Benator
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.