Baldwin v. Branch’s Empirical Analysis
2004
Citation profile
7
cited by 7 later decisions
2
states following
May 2014
most recently cited
7 state decisions
Relationships
Relies on Johnson v. State · 48 Cal. App. 2d 249 - Randall v. Bank of America National Trust & Savings Ass'n · George v. Widemire · Braley v. Spragins · Hinds v. McNair
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This Court has previously expressed a reluctance to rewrite the Alabama Probate Code to accommodate the use of a revocable trust as a substitute for a will. In Russell v. Russell, 758 So.2d 533, 538 (Ala.1999), this Court refused to read into the Alabama Probate Code the ‘augmented estate concept’ rejected by the Legislature in 1982 when it reenacted the Probate Code. To hold that Alabama’s antilapse statute applies to trusts, this Court would have to invade the Legislature’s power to amend statutes. We are not willing to do so; therefore, Branches] ... argument that Alabama’s antilapse statute applies to trusts fails.””
1 later decision quote this exact passage“The construction of a written document is a function of the court. If the document is unambiguous, its construction and legal effect are a question of law which may be decided under appropriate circumstances, by summary judgment.”
1 later decision quote this exact passage“We review a trial court's summary judgment de novo, giving the judgment no presumption of correctness.”
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.