In re Wetmore’s Empirical Analysis

Citation profile

4 federal appellate · 2 district ·

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

1. ““It is the ‘title of the bankrupt, as of the date he was adjudged a bankrupt,’ which is ‘vested by operation of law’ in the trustee; and this title, so far as pertinent to this case, must be to ‘property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him.’ A bare possibility or mere expectation of acquiring property does not constitute property or a title to property; nor can it be transferred or levied upon. While the right of enjoyment may he uncertain and contingent, it is necessary that an interest or title of some kind be vested in the bankrupt in order that it may pass by operation of law to the trustee. If the contingency or uncertainty be such as relates to the person, and not merely to the event, and he who is to take remains unascertained by name, designation or description, obviously no given individual while so unascertained can be held to have a property right to or in the subject-matter of the gift or limitation. * :s * If the bankrupt had an expectant estate ir undoubtedly passed to the trustee. But if he had no claim or title, absolute or defeasible, vested or contingent, but merely an expectation of an estate or interest in the future, then there was nothing in him to pass to the trustee. * * * One may have a contingent right to a future interest or estate. So one may have a right in or to a future contingency. But it cannot with legal propriety be a”

   1 later decision quote this exact passage · from the majority
   e.g. In re Twaddell