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11 Texas opinions name it 2 courts 1960–2004 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Riley v. Rileygreen2 sentences2004Singleton, 117 S.W.3d at 518 ; Riley v. Riley, 972 S.W.2d 149, 155 (Tex.App.-Texarkana 1998, no pet.) (citing Clyde v. Hamilton, 414 S.W.2d 434 (Tex.1967)). 2004Singleton, 117 S.W.3d at 518 ; Riley v. Riley, 972 S.W.2d 149, 155 (Tex.App.-Texarkana 1998, no pet.) (citing Clyde v. Hamilton, 414 S.W.2d 434 (Tex.1967)). | 3 | 3 |
Mitchell v. Mitchellgreen2 sentences1990However, the Court stated that “[h]ad this will made a simple devise to certain designated parties for life, with remainder to other designated parties, the open mine rule of presumed intent would apply.” Id. at 354 . 1971Our holding that the royalties constitute a part of the estate and not income was based on the conclusion that “ * * * the expressed intention of the testator or testatrix is controlling over the open mine rule.” 157 Tex. at 349-50 , 303 S.W.2d at 355 . | 2 | 4 |
Clyde v. Hamiltongreen2 sentences2004Singleton, 117 S.W.3d at 518 ; Riley v. Riley, 972 S.W.2d 149, 155 (Tex.App.-Texarkana 1998, no pet.) (citing Clyde v. Hamilton, 414 S.W.2d 434 (Tex.1967)). 2004Singleton, 117 S.W.3d at 518 ; Riley v. Riley, 972 S.W.2d 149, 155 (Tex.App.-Texarkana 1998, no pet.) (citing Clyde v. Hamilton, 414 S.W.2d 434 (Tex.1967)). | 1 | 8 |
Youngman v. Shulargreen2 sentences1967See Youngman v. Shular, 155 Tex. 437 , 288 S.W.2d 495 (1956). [2] No point or argument is presented that the testatrix by providing that her inherited property should "remain intact," intended that all royalties should be impounded for the remaindermen, thus making the open mine doctrine not applicable. 1967See Youngman v. Shular, 155 Tex. 437 , 288 S.W.2d 495 (1956). [2] No point or argument is presented that the testatrix by providing that her inherited property should "remain intact," intended that all royalties should be impounded for the remaindermen, thus making the open mine doctrine not applicable. | 1 | 2 |
McGill v. Johnsongreen2 sentences1991See McGill v. Johnson, 799 S.W.2d 673 (1990). 1991See McGill v. Johnson, 799 S.W.2d 673 (1990). | 1 | 1 |
Thompson v. Thompsongreen2 sentences1990See Thompson v. Thompson, 149 Tex. 632 , 236 S.W.2d 779 (1951); Youngman v. Shular, 155 Tex. 437 , 288 S.W.2d 495 (1956). 1990See Thompson v. Thompson, 149 Tex. 632 , 236 S.W.2d 779 (1951); Youngman v. Shular, 155 Tex. 437 , 288 S.W.2d 495 (1956). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moore v. Vines
green
2 sentences1990Moore v. Vines, 474 S.W.2d 437 (Tex.1971). 1977Royalties and bonus, under these circumstances, belong to the life tenant . . . ” In Moore v. Vines, 474 S.W.2d 437 (Tex.1971), the court said: “The better view, in our opinion, is that the open mine doctrine is not applicable beyond the lease in existence at the time of the vesting of the life estate of Troy Vines, i. e., beyond the last leasing act of Ruby Vines. | 2 | 1977–1990 |
Singleton v. Donalson
green
2 sentences2004Singleton, 117 S.W.3d at 518 ; Riley v. Riley, 972 S.W.2d 149, 155 (Tex.App.-Texarkana 1998, no pet.) (citing Clyde v. Hamilton, 414 S.W.2d 434 (Tex.1967)). 2004Singleton, 117 S.W.3d at 518 ; Riley v. Riley, 972 S.W.2d 149, 155 (Tex.App.-Texarkana 1998, no pet.) (citing Clyde v. Hamilton, 414 S.W.2d 434 (Tex.1967)). | 1 | 2004–2004 |
McGill v. Johnson
neutral
1 sentence1990The court of appeals affirmed the judgment. 775 S.W.2d 826 (1989). | 1 | 1990–1990 |
E. S. Heyser, Jr. v. Frankfort Oil Company, a Division of Joseph E. Seagram & Sons, Inc., an Indiana Corporation
neutral
2 sentences1971The Court in Heyser v. Frankfort Oil Co., 316 F.2d 441 (10th Cir. 1963), considered a comparable problem in this manner: “Unquestionably, the occupant of an Oklahoma probate homestead, like the holder of a life estate in lands, takes the land in the condition in which it was when the estate vested. * * * The historical rule against waste by a life tenant or a homestead occupant seems to militate against the opening of new mines or the drilling of new wells, after the vesting of the estate, and to confine new exploration to authority expressed or clearly implied at the time of the vesting of th 1971The Court in Heyser v. Frankfort Oil Co., 316 F.2d 441 (10th Cir. 1963), considered a comparable problem in this manner: "Unquestionably, the occupant of an Oklahoma probate homestead, like the holder of a life estate in lands, takes the land in the condition in which it was when the estate vested. * * * The historical rule against waste by a life tenant or a homestead occupant seems to militate against the opening of new mines or the drilling of new wells, after the vesting of the estate, and to confine new exploration to authority expressed or clearly implied at the time of the vesting of th | 1 | 1971–1971 |
Davis v. Bond
green
1 sentence1960Youngman v. Shular, supra; Davis v. Bond, 138 Tex. 206 , 158 S.W.2d 297 ; Swayne v. Lone Acre Oil Co., 98 Tex. 597 , 86 S.W. 740 , 69 L.R.A. 986 ; Guittard, Rights of Life Tenants, 4 T.B.J. 265. | 1 | 1960–1960 |
Davis v. Bond
green
1 sentence1960Youngman v. Shular, supra; Davis v. Bond, 138 Tex. 206 , 158 S.W.2d 297 ; Swayne v. Lone Acre Oil Co., 98 Tex. 597 , 86 S.W. 740 , 69 L.R.A. 986 ; Guittard, Rights of Life Tenants, 4 T.B.J. 265. | 1 | 1960–1960 |
Swayne v. Lone Acre Oil Co.
green
2 sentences1960Youngman v. Shular, supra; Davis v. Bond, 138 Tex. 206 , 158 S.W.2d 297 ; Swayne v. Lone Acre Oil Co., 98 Tex. 597 , 86 S.W. 740 , 69 L.R.A. 986 ; Guittard, Rights of Life Tenants, 4 T.B.J. 265. 1960Youngman v. Shular, supra; Davis v. Bond, 138 Tex. 206 , 158 S.W.2d 297 ; Swayne v. Lone Acre Oil Co., 98 Tex. 597 , 86 S.W. 740 , 69 L.R.A. 986 ; Guittard, Rights of Life Tenants, 4 T.B.J. 265. | 1 | 1960–1960 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.