Stauffer v. Henderson’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he legislature wisely intended to require a specific, definite written agreement before such property would be allowed to pass outside a testamentary instrument, thereby eliminating the increasing and time-consuming burden upon our trial courts of attempting to ascertain a deceased’s intent through the uncertain avenue of extrinsic parol evidence.”

   2 later decisions quote this exact passage
   e.g. Kitchen v. Sawyer · Holmes v. Beatty

2. “JOINT ACCOUNT — PAYABLE TO EITHER OR SURVIVOR ... We agree and declare that all funds now or hereafter deposited in this account are and shall be our joint property ... and that upon the death of either of us any balance in said account or any part thereof may be withdrawn by, or upon the order of the survivor.”

   2 later decisions quote this exact passage
   e.g. Stauffer v. Henderson · Ephran v. Frazier

3. “It is clear that under the statute a surviv-orship agreement will not be inferred merely from the establishing of a joint account. Instead, it is required that there be (1) a written agreement (2) signed by the decedent (3) which makes his interest “survive” to the other party. Additionally, section 441 of the Probate Code makes clear that nontestamentary transfers authorized by chapter 11 “are effective by reason of the account contracts involved and this statute.” The intent of the decedent must, therefore, be determined from the agreement, and extrinsic evidence may not be offered to prove intent. Finally, by the terms of the agreement the account must be “made to survive” to the remaining party. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. Ephran v. Frazier