Johnson v. Muller’s Empirical Analysis
1939
Citation profile
48 state decisions
How this case has been cited
Cited by 48 later decisions — most recently February 1982 · most notably Zabel v. Stewart (1941), Mydland v. Ross (1943)
48 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 Markham v. Waterman · Selzer v. Selzer · Bullock v. Wiltberger · Love v. Blauw · Gardner v. Anderson
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We are of opinion that under the will the interests of the beneficiaries are not common to each other, that each trustee is to look after the interest of aE beneficiaries, that each beneficiary is interested in what aE of the trustees may do in the management and control of his estate, and there being specific provision for succession of trustees, that it may not be said that any beneficiary is trustee for himseE alone.” (p. 135.)”
2 later decisions quote this exact passage · from the majority““Where there is no express devise to the trustee, it must appear that the testator intended he should take an estate, and where from the nature of the duties to be performed, it appears that the taking of an estate is necessary, the intention of the testator will be presumed; and when the intention is clear, an estate in the trustee will vest by implication.””
2 later decisions quote this exact passage · from the majority“`When there is no ambiguity or uncertainty in the language used in the making of a will, a construction of the will is unnecessary, and it will be enforced in accordance with the provisions thereof.' (Syl. ¶ 2.)”
2 later decisions 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.