Gauger v. Gauger’s Empirical Analysis
1977
Citation profile
2 district · 22 state decisions
How this case has been cited
Cited by 26 later decisions — most recently October 2018 · most notably Dugan v. Dugan (1983), Mahoney v. Mahoney (1982)
2 district · 22 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 Painter v. Painter · Newman v. Chase · King v. Greene · Kruger v. Kruger · 75 N.J. Super. 40 - Brodzinsky v. Pulek
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“During the joint tenancy, the right of survivorship constituted a contingent interest subject to destruction at the will of either tenant. Whenever any one of the four unities of interest required to create a joint tenancy (title, time, possession and interest) is eliminated by the unilateral act of one joint tenant, the relationship of the parties is modified at least to the extent of extinguishing the right of survivorship. Accordingly, the right of survivorship could have been destroyed by either joint tenant’s sale or transfer of his or her interest in the property. “In joint tenancy, either of the owners may at his pleasure, dispose of his share and convey it to a stranger, who will hold undivided, and in common with the other owner.” (Citations omitted). [Gauger v. Gauger, 73 N.J. 538, 542-43 , 376 A.2d 523 (1977).]”
1 later decision quote this exact passage · from the majority“it is appropriate to evaluate that interest at one-half the net value of the property, as if partition by sale had occurred at the time of the [mother's] death.”
1 later decision quote this exact passage · from the majority
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.