Ralston v. Kagarise’s Empirical Analysis

Citation profile

2 district · 24 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the instant case there can be no doubt as to the testator's intent to create a trust. As already stated, he expressly declared that he left his `entire property' to the respondent executor `in trust.' His failure to designate with sufficient certainty the objects or purposes of the trust makes the same invalid and unenforceable. However, his intent being clear that the respondent executor was not to acquire a beneficial interest in the property, it passed upon his death, and, in the absence of a residuary clause in the will, to his next of kin and heirs at law, the petitioners in this proceeding, in equal parts under the laws of intestate succession.”

   1 later decision quote this exact passage
   e.g. In Re Conness'estate

2. “where the intention to create a trust is sufficiently expressed, and yet the objects or the subjects of it are uncertain, the gift fails and the heir or next of kin is let in to the beneficial ownership.”

   1 later decision quote this exact passage
   e.g. 82 Cal. App. 2d 448 - Estate of Reed