Fleck v. Baldwin’s Empirical Analysis
1943
Citation profile
5 federal appellate · 51 state decisions
How this case has been cited
Cited by 66 later decisions — most recently August 2005 · most notably Roark v. STALLWORTH OIL AND GAS, INC (1991), Commissioner of Internal Revenue v. The Chase Manhattan Bank, Successor of the Chase National Bank of the City of New York, Trustee and Alleged Transferee of Marie Elizabeth Moran, the Chase Manhattan Bank, Sucessor of the Chase National Bank of the City of New York, Trustee and Alleged Transferee of Marie Elizabeth Moran v. Commissioner of Internal Revenue (1958)
5 federal appellate · 51 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 Beaver v. . Beaver · Wilbur Trust Co. v. Knadler · Nicklas v. Parker · Allshouse's Estate · Nicklas v. Parker
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A gift cannot be made to take effect in the future, for the reason that a promise to give is without consideration. Neither can the donor retain the right to use and enjoy the property during his lifetime and direct its disposition after his death in any manner other than by the making of a will. Unless Mrs. Baldwin, therefore, intended at the very time she opened these several accounts and purchased these various stock certificates to pass the equitable title thereto so that the exercise by her of any further dominion over same, except in the fiduciary capacity of trustee, would be wrongful, then no gifts were made or trusts created by such transactions."”
5 later decisions quote this exact passage · from the majority“The ultimate, controlling fact to be determined is the intention of the donor. Such a transportation does or does not create a trust according as the donor intended.”
1 later decision quote this exact passage · from the majority
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.