Robertson v. Burrell’s Empirical Analysis
1895
Citation profile
7 federal appellate · 35 state decisions
How this case has been cited
Cited by 44 later decisions — most recently July 1967 · most notably 17 Cal. 2d 13 - Klopstock v. Superior Court (1941), Newport v. Hatton (1924)
7 federal appellate · 35 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 Wood v. Carpenter · Felix v. Patrick · Hardt v. Heidweyer · Hecht v. Slaney · Grattan v. Wiggins
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Plaintiffs are not the proper parties to maintain this action, and they have not the legal capacity to do so. While, in a sense, they are beneficiaries of the trust which resulted by the death of their father, the fulfillment of which was imposed upon the surviving partner, yet there were certain intermediate steps and processes necessary to be tallen and followed before their beneficial interests could be reduced to possession. And it is these necessary processes which the action under consideration entirely ignores. Ifor there was another trust intervening in time and right and duties between the close of the surviving partner’s trust and their enjoyment of its fruits. It is true that, as heirs of their father, the title to his property, real or personal, vested in them, but their title did not carry with it the right of immediate enjoyment. The rights and duties of the administrator of their father’s estate interposed and intervened. The administrator, also, is a trustee with well-defined duties, among the first of which is that of collecting the assets of the estate, and paying its just debts, after due notice to creditors. The heirs’ title is subject to the performance by the administrator of all his trusts, and they finally come into the pos session and enjoyment of only sncli portion of the estate as may remain after the execution of them by the administrator. * * * Whether the partnership assets consist of real or personal jiroperty, or both, is quite immaterial, sin”
2 later decisions 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.