Haynes v. Stripling’s Empirical Analysis

Citation profile

4 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. “all or part of their community property * * * becomes the property of the surviving spouse on the death of a spouse.”

   2 later decisions quote this exact passage
   e.g. Richman v. Commissioner (Estate of Richman) · Beatty v. Holmes

2. “Background Information From 1840 to 1965, married couples could own community property with the right of survivorship in the state of Texas. However, since 1965, Texas courts have persistently denied married couples an easy means of holding their property with right of survivorship. Although it has long been relatively easy to create a right of survivorship in separate property, many banks and savings and loans associations have often failed to provide forms by which their customers can create effective joint tenancies out of community property. Many Texas spouses hold a substantial amount of assets in a form that is ineffective to achieve their desired purpose. Each of these accounts or transactions repre sents a potential lawsuit that may result in frustrating the intent of the spouses. A simple means should be made available by which both spouses by a written instrument can provide that the surviv- or of them may be entitled to all or any designated portion of their community property without the necessity of making a will for that purpose. Purpose This proposed constitutional amendment will allow the people to provide that a Texas couple may hold community property with a right of survivorship in the surviving spouse. This simple approach will obviate the need for creating a joint tenancy with a right of sur-vivorship-a form of separate property ownership between spouses that is now used for this purpose. The accompanying legislation is SB 893.”

   1 later decision quote this exact passage
   e.g. Beatty v. Holmes

3. “public policy of the State regarding the retroactive application of the 1987 amendment * * * 'is so clearly and broadly stated as to be unmistakable.'”

   1 later decision quote this exact passage
   e.g. Richman v. Commissioner (Estate of Richman)