Phillips v. . Phillips’s Empirical Analysis

Citation profile

5 federal appellate · 63 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is perfectly well settled that what are denominated ‘precatory words,’ when expressive of a wish or desire, may, in given instances, create a trust or impose a charge. Without a detailed consideration of the cases, it is quite clear that, as a general rule, they turn upon one important and vital inquiry; and that is whether the alleged bequest is so definite as to amount and subject-matter as to be capable of execution by the court, or whether it so depends upon the discretion of the general devisee as to be incapable of execution without superseding that discretion. In the latter case there can neither be a trust nor a charge, while in the former there may be, and will be, if such appears to have been the testamentary intention.””

   1 later decision quote this exact passage
   e.g. Clay v. Wood

2. “‘‘Given that ability, he says, T wish it to be done.’ The words are not, ‘I wish her to do it,’ or T hope she will feel it to be her duty,’ or T trust she will see the propriety of such payment to be made,’ but, T, the testator, dealing-with my own bounty to her, I wish it to be done. It is my wish, not hers, that I put behind the annuities.’ ””

   1 later decision quote this exact passage
   e.g. Clay v. Wood