Bryan v. Aikin’s Empirical Analysis
1913
Citation profile
2 federal appellate · 16 state decisions
How this case has been cited
Cited by 20 later decisions — most recently January 1994
2 federal appellate · 16 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 Gibbons v. Mahon · Minot v. Paine · Hite's Devisees v. Hite's · 8 E.H. Smith 179 - McLouth v. . Hunt · Williams v. . Western Union Telegraph Co.
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) That the intention of the testator must be carried out so far as can be under the law. (2) That it was the intention of. the testator in the present case that the capital or principal of the property left in trust should be kept .unimpaired for the remaindermen, and that all dividends declared thereon out of the profits or net earnings should go to the life tenant.”
2 later decisions quote this exact passage““It might be that a corporation would, for reasons deemed proper and sufficient, pay all net earnings through the medium of stock dividends, and declare no cash dividends at all during the continuance of the trust. It cannot for a moment be supposed that the testator, in creating the trust, contemplated, that the person for whom he sought to provide for life should be impoverished because of the name or form in which the dividend was declared. It is much more reasonable to suppose that he contemplated that all dividends, no matter what they are called, which represented the capital of the corporation would go to the remaindermen, and all dividends, by whatever name, which represented net earnings, would go to the beneficiary for life. * * *””
1 later decision quote this exact passage““* * * all net earnings, however, they may have been treated or used by the corporation during their accumulation, and regardless of the period during which they have accumulated, if declared as dividends out of net profits during the life tenancy, are given to the life tenant when declared, whether such dividends are made in cash or capital stock, provided that the principal of the trust is not diminished thereby.””
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.