Dean v. Getz’s Empirical Analysis
1998
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently July 2011
8 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 Downer v. Aquamarine Operators, Inc. · Boyles v. Gresham · Olguin v. Jungman · Spies v. Milner · Ohlhausen v. Thompson
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An administrator was disqualified as “unsuitable” when the bank in which he owned stock claimed certain of the estate’s assets as its own property. Haynes v. Clanton, 257 S.W.2d 789, 792 (Tex.Civ.App.-El Paso 1953, writ dism’d by agr.). An individual was disqualified from serving as administrator of the estates of both a husband and his wife wherein each estate had adverse claims to the same insurance proceeds. Hitt v. Dumitrov, 598 S.W.2d 355, 356 (Tex.Civ.App.-Houston [14th Dist.] 1980, no writ). A surviving spouse was found unsuitable because she claimed property of the husband’s separate estate as community property. Ayala v. Martinez, 883 S.W.2d 270 [, 272] (Tex.App.-Corpus Christi 1994, writ denied). A finding by the trial court that a surviving wife was unsuitable as the representative of her husband’s estate was affirmed by this court where her appointment “would be inimical to the interests of the Estate.” Inimical was defined as adverse, antagonistic, and hostile. Formby v. Bradley, 695 S.W.2d 782, 785 (Tex.App.-Tyler 1985, writ ref'd n.r.e.). Family discord has also been grounds for disqualifying an applicant. Spies, 928 S.W.2d at 319 . As the court stated in Hitt , “each estate should have a representative that will assume the role of an advocate to achieve the best possible advantage for the estate.” Hitt, 598 S.W.2d at 356 . If one has personal interests that are so adverse to those of the estate or the beneficiaries thereof that both cannot be fairly represente”
1 later decision quote this exact passage“interests were adverse to the estate and its beneficiaries”
1 later decision quote this exact passagee.g. Guyton v. Monteau
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.