Bloom v. Bear’s Empirical Analysis
1986
Citation profile
3 state decisions
How this case has been cited
Cited by 3 later decisions — most recently November 2012
3 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 Atlantic Insurance Company v. Fulfs
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.
“Section 37 of the Probate Code provides that the executor “shall have the right to possession of the estate as it existed at the death of the testator ...; and he shall recover possession of and hold such estate in trust to be disposed of in accordance with the law.” Tex. Prob.Code Ann. § 37 (Vernon Supp.1986). Construing this, along with Sections 232 and 233 of the Probate Code, the Fort Worth Court of Civil Appeals stated in Atlantic Insurance Company v. Fulfs, 417 S.W.2d 302 (Tex.Civ.App.-Fort Worth 1967, writ ref'd n.r.e.) that the executor not only has the right to possession but has the duty to acquire such possession. This right of possession and control is not limited by the fact that there are no debts, and it is immaterial that an heir or devisee has possession of the property, because such possession is subject to the executor’s right of possession and his right under such circumstances is enforceable by court order. Atlantic Insurance Company, 417 S.W.2d at 305. We agree with this interpretation of the statutes. Counsel for Mary Lieberman cites no authority and our research reveals none in support of her claim that she is entitled to maintain possession of the property until the validity of her claim is settled.”
1 later decision quote this exact passage
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.