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← 90 So. 2d 39 - In Re Lyons'estate

90 So. 2d 39 - In Re Lyons'estate’s Empirical Analysis

1956

Citation profile

20
cited by 20 later decisions
2
states following
October 2016
most recently cited

1 federal appellate · 15 state decisions

How this case has been cited

Cited by 20 later decisions — most recently October 2016

1 federal appellate · 15 state decisions

601956196019701980199020002010decided

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 Madden v. Glosztonyi Savings & Trust Co. · Bailey v. Smith · Andrews v. Andrews · Marble v. Treasurer & Receiver General · State Ex Rel. Miller v. Aldridge

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

  1. “[W]hether ... [an estate by the entireties] exists as the result of the acquisition of property by and in the names of both husband and wife must be determined by a consideration of the nature and terms of the transaction as portraying the intent of the parties and of the rules of law applicable thereto.”
    2 later decisions quote this exact passage
  2. “Joint owners payable to either or to survivor, subject to agreement on signature card.”
    2 later decisions quote this exact passage
  3. ““We would have no difficulty in sustaining an estate by the entireties in personal property if it had been evidenced by a bill of sale to the husband and wife, as such, and where there was evidenced the requisite intent to create such an estate, but we are not convinced that the mere purchase of personal property out of a joint bank account of the husband and wife, and from the contributions from each out of their separate funds, plus the facts that the furniture was billed to Adobar [a joint account] and that some of the invoices were made out to Mr. and Mrs. Riley, were sufficient, in the absence of any showing of any specific intent, to set up an estate by the entireties in such furniture. It is true that the title to personal property may pass by delivery, but there must also be an intent to create an estate by the entireties, and such intent ought to be made clearly to appear since upon the decease of one spouse the survivor would become the sole and complete owner of the property to the exclusion of the children and creditors.” (at p. 454. Emphasis supplied.)”
    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.