11 Cal. App. 32 - Elizalde v. Murphy’s Empirical Analysis
1909
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently September 1990
12 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 Swift v. Occidental Mining & Petroleum Co. · Elizalde v. Elizalde · Kaiser v. Dalto · Wallace v. Sisson · American Type Founders' Co. v. Packer
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... 'It may often happen that a personal representative takes possession of funds which may be proved to be trust funds without any knowledge that such is the fact. Not knowing the fact, it would be his duty to resist, on behalf of the heirs, legatees and creditors of the estate, any attempt to deprive it of a part of its assets. That is, he is bound to assume for this purpose that the trust fund constitutes a part of the assets of the estate.'”
2 later decisions quote this exact passage · from the majority“While, as was said in the department opinion in Elizalde v. Elizalde, 137 Cal. 634, 642 , [ 66 P. 639 , 70 P. 681 ], property held by a decedent in trust is not a part of his estate, and cannot be applied in satisfaction of his debts, or form a portion of his estate to be distributed to his heirs, and no presentation of a claim is required before the claimant of such trust property can maintain an action therefor, nevertheless, the administrator of the estate is not released from his duty to maintain the right of the estate to such property until it has been finally judicially determined that it is not the property of the estate.”
1 later decision quote this exact passagee.g. Estate of Sidebotham
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.