Dodson v. Ashley’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The controlling factor in determining the question presented is the intention of the testator as that may be found manifested in his will. No authority is needed for this proposition, but reference may be made to 4 Kent, Com. 345, where the principle is stated as follows: ‘The intention of the donor of the power is the great principle that governs in the construction of powers; and in furtherance of the object in view the courts will vary the form of executing the power, and, as the case may require, either enlarge a limited to a general power, or cut down a general power to a particular purpose’. Among cases illustrating the application of this principle are those cited in the argument of Tyson v. Latrobe, 42 Md. 325 ; Johns Hopkins University v. Middleton, 76 Md. 186 ( 24 Atl. 454 ) and Shirk v. Trundle, 96 Md. 177 ( 53 Atl. 928 ). The trustees here have not a mere naked power. They have the power in connection with, and as appendant to, the legal estate with which they are vested, and of which they will not be divested until the purposes of the trust have been fulfilled.””

   1 later decision quote this exact passage · from the majority
   e.g. Williams v. Morris