Smith v. Proctor.’s Empirical Analysis

Citation profile

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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Am. & Eng. Enc. Law (2 ed.), vol 28, p. 923, it is said: ‘If there is an axiom of the law it must be regarded as axiomatic in the construction of active trusts that the trustee will take precisely that quantum of legal estate which is necessary to the discharge of the declared powers and duties of the trust. Thus the trustee will take, by implication of law, a fee in the estate when the duties of the trust require it, although the conveyance is in terms a life estate or fails to use the word ‘heirs.’ ’ In the same volume, at page 924, it is also said: ‘The estate of trustee will, nevertheless, not extend beyond the term required by the exigencies of the trust, the unnecessary portions of the estate becoming executed by the statute of uses.’ The authorities clearly show this to be a correct statement of the doctrine.””

   1 later decision quote this exact passage
   e.g. Hayward v. Tacoma Savings Bank & Trust Co.

2. “is a paper-writing (usually a deed) which professes and appears to pass the title but fails to do so.”

   1 later decision quote this exact passage
   e.g. Crocker v. . Vann