Collins v. Mosher’s Empirical Analysis

Citation profile

4 federal appellate · 1 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trustees, if there is a trust, are the testatrix' children, William B. Lount and Hattie L. Mosher, the same two who are named as sole beneficiaries of the `trust'. They are given full powers of management and control with power to dispose of any and all of the assets of the estate. The rents, issues and profits of the estate, and the proceeds of any sale or sales of properties are to be distributed to William B. Lount and Hattie L. Mosher in certain proportions, depending upon the source of the property sold. Such a bequest passes absolute title to the land itself. Kimberlin v. Hicks, 150 Kan. 449 , 94 P.2d 335, 337 ; Lachmund v. Moore, 192 Iowa 980 , 181 N.W. 4 ; Schnack v. City of Larned, 106 Kan. 177 , 186 P. 1012, 1014 ; In re Franck's Estate, 190 Cal. 28 , 210 P. 417, 418 . This is in accord with the decision of this Court in the case of Collins v. Mosher, 9 Cir., 91 F.2d 582, 584 , where we had under consideration the very same will with which we are here concerned. There we said, "The will presents but little difficulty. The son and daughter are designated as trustees to carry out its provisions in respect of the management, sale, and disposition of the estate and the payment of certain contingent legacies and bequests; but after these duties shall have been performed the residue of the estate is given to them without condition.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Commissioner of Internal Revenue v. Goodan, and Six Other Cases · Commissioner v. Goodan