Vetterlein v. Barnes’s Empirical Analysis

Citation profile

24 federal appellate · 17 district · 19 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As a general rule, the cestuis que trust, as well as the trustee, must be parties; especially where the object is to enforce a claim consistent with the validity of the trust. But where the complainant claims in opposition to the assignment or deed of trust, and seeks to set the same aside on the ground that it is fraudulent and void, he is at liberty to proceed against the fraudulent assignee or trustee, who is the holder of the legal estate in the property, without joining the cestui que trust.””

   2 later decisions quote this exact passage · from the majority
   e.g. Tompkins v. Tompkins · New York Life Ins. v. O'Brien

2. ““3. It is contended that the wife and children of Theodore H. Vetterlein were' indispensable parties, and that it was error to proceed to a final decree without having them made defendants. The general rule, undoubtedly, is that all persons materially interested in the result of a suit ought to be made parties, so1 that the court may ‘finally determine the entire controversy, and do complete justice by adjudging all the rights involved in it.’ Story v. Livingston, 13 Pet. 359, 375 [ 10 L. Ed. 200 ]; Shields v. Barrow, 17 How. 130, 139 [ 15 L. Ed. 158 ]. But in a suit brought against a trustee by a stranger, for the purpose of defeat ing the trust altogether, the beneficiaries are not necessary parties, if the trustee has such powers, or is under such obligations, with respect to the execution of the trust, that ‘those for whom he holds will be bound by what is done against him, as well as by what is done by him.’ In such cases of representation by trustees, the beneficiaries will be bound by the judgment, ‘unless it is impeached for fraud or collusion between him and the adverse party.’ Kerrison v. Stewart, 93 U. S. 155, 160 [ 23 L. Ed. 843 ], “In Sears v. Hardy, 120 Mass. [524] 529, the court, after observing that who shall be made parties to a suit in equity cannot always be determined by definite rules, but rests to some degree in the discretion of the court, said: ‘Generally speaking, however, to a suit against trustees to enforce the execution of a trust, cestuis que tru”

   1 later decision quote this exact passage · from the majority
   e.g. McMurray v. Chase Nat. Bank

3. ““The assignment of the policies in question in trust for the wife and children of the assignor — the trust having been accepted- — ■ carried with it, by necessary implication, authority in the trustees, by suit dr otherwise, to collect the insurance moneys for the beneficiaries. Indeed, they could not otherwise have fully discharged the obligations they assumed as trustees. They were entitled to represent the beneficiaries in their claim for the insurance money, and were under a duty to defend any suit, the object of which was to prevent the discharge of that duty, and set aside the transfer of the policies as fraudulent and void. It results that the wife and children of Theodore H. Vetterlein were not necessary parties defendant.””

   1 later decision quote this exact passage · from the majority
   e.g. New York Life Ins. v. O'Brien