Johnson v. . Wagner’s Empirical Analysis
1941
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently September 2015
7 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 Francois Fenelon v. The Mayor Aldermen and Citizens of Philadelphia · Curtiss v. Brown · Penick v. Bank of Wadesboro · Williams v. . Williams · Lassiter v. . Jones
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.
“"In this case, while the general purpose of the testator to donate property to charitable uses, and the designation of the ultimate beneficiaries for whom the trust is created, sufficiently appear, the fact seems to have been definitely established that the particular mode for the use of the designated property has failed. The gift of the property for a designated use in a particular manner has been declined as impracticable. The donation of the land for use as an assembly ground has failed, but that does not destroy the trust. It seems to be a generally recognized principle controlling the decisions of courts of chancery on the subject that when a definite charity has been created, the failure of the particular mode in which it is to be effectuated does not destroy the trust. It has been well said, `the substantial intention shall not depend on the insufficiency of the formal intention.' Wachovia Bank & Trust Co. v. Ogburn, supra . The general intent of the testator must prevail over the particular mode prescribed. Zollman Am. Law of Charities, § 137. Notwithstanding the impossibility of effectuating the particular method prescribed for carrying out the provisions of a trust, the Court will exercise its equitable jurisdiction and supervise the administration of the fund so as to accomplish the purposes expressed in the will. Paine v. Forney, supra, 128 N.C. 237 , 38 S.E. 885 ; Wachovia Bank & Trust Co. v. Ogburn, supra . "”
1 later decision quote this exact passage“a proper justiciable question ... under the provisions of the North Carolina Declaratory Judgment Act.”
1 later decision 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.