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← 142 Cal. 15 - Eakle v. Ingram

Eakle v. Ingram’s Empirical Analysis

1904

Citation profile

33
cited by 33 later decisions
10
states following
January 1957
most recently cited

4 federal appellate · 28 state decisions

How this case has been cited

Cited by 33 later decisions — most recently January 1957 · most notably Cowie v. Strohmeyer (1912), Gray v. Union Trust Co. (1915)

4 federal appellate · 28 state decisions — followed in 10 states

90190419101920193019401950decided

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 Young v. Bradley · Morffew v. S.F. & San Rafael R.R. · Slater v. Hurlbut

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

  1. ““The judgment, we think, is right. The plaintiffs are the only persons beneficially interested in the property (Civ. Code, sec. 866; Morffew v. San Francisco etc. R. R. Co., . 107 Cal. 595 [ 40 Pac. 810 ]; 1 Perry on Trusts, sec. 320; Young v. Bradley, 101 U. S. 787 [ 22 L. Ed. 1044 , sec, also, Rose’s U. S. Notes]), and in such cases the rule is as stated by Mr. Underhill: ‘If there is only one beneficiary or if there are several and they are all of one mind, and he or they are not under any disability, the specific performance of the trust may be arrested, and the trust modified or extinguished. ’ (Underhill on Trusts and Trustees, pp. 13, 370-375, and cases cited. See, also, 2 Perry on Trusts, see. 920; 1 Perry on Trusts, sec. 104; Civ. Code, secs. 2252, 2258; Lewin on Trusts, 684, 685; Hill on Trustees, 278; Tiffany & Bullard on Law of Trusts and Trustees, 815, 816.) The court below was therefore empowered to decree a dissolution of the trust, and a release of the trust property by the trustees; which is the effect of the judgment. He (trustee) was a mere bare trustee, without interest, except that he might but for the decree have become entitled to compensation for services as trustee; but' this furnished no reason for the continuance of the trust. ’ ’”
    1 later decision quote this exact passage
  2. “to pay the rents, issues, and profits thereof”
    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.