Colton v. Colton’s Empirical Analysis
127 U.S. 300 · 1888
Citation profile
61 federal appellate · 17 district · 229 state decisions
How this case has been cited
Cited by 384 later decisions (5 by the Supreme Court) — most recently July 2010 · most notably Conkright v. Frommert (2010), 30 Del. Ch. 538 - Blish v. Thompson Automatic Arms Corp. (1948)
61 federal appellate · 17 district · 229 state decisions — followed in 37 states
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 John Smith v. Robert Bell · Clarke v. Boorman's Executors · Hess v. Singler · Warner v. Bates
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 384 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““No technical language, however, is necessary to the creation of a trust, either by deed or by will. It is not necessary to use the words “upon trust” or “trustee,” if the creation of a trust is otherwise sufficiently evident. If it appear to be the intention of the parties from the whole instrument creating it that the property conveyed is to be held or dealt with for the benefit of another, a court of equity will affix to it the character of a trust . . . .” Colton v. Colton, 127 U.S. at 310 , 8 S.Ct. at 1168 .”
5 later decisions quote this exact passage · from the majority““According to its context and manifest use, an expression of desire or wish will often be equivalent to a positive direction, where that is the evident purpose and meaning of the testator. * * * And in such a case as the present, it would be but natural for the testator to suppose that a request, which, in its terms, implied no alternative, addressed to his widow and principal legatee, would be understood and obeyed as strictly as though it were couched in the language of direction and command. * * * ””
5 later decisions quote this exact passage · from the majority““I give and bequeath to my said wife, Ellen M. Colton, all of the estate, real and personal, of which I shall die seized or possessed or entitled to. I recommend to her the care and protection of my mother and sister, and request her to make such gift and provision for them as in her judgment will be best.””
5 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.