Taylor v. Fox's Executors’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As a general rule, if an absolute devise is made, the intention of the testator that the devisee is to hold the property in trust for some one else cannot be shown by evidence other than the will itself, but an exception is made where the devisee obtains the title to property by a promise to the testator that he will hold it for another, and afterwards refuses to do so, and sets up claim to it himself. 40 Cyc. 1754-55. “A parol trust must necessarily be established by parol testimony. In the case of Roche, et al. v. George’s Exr., et al., 93 Ky. 609 , this court said: ‘A trust created by parol will be enforced where it is established by certain and undoubted testimony and such as to leave in the mind of the court no rational doubt as to the act of the testator. ’ “In the case of Northcutt v. Hogan, 4 R. 364 , the superior court held: ‘In an action to enforce a parol trust concerning land or the proceeds thereof such trust must not only be clearly alleged, but, as against written instruments, must be established by clear and satisfactory testimony. ””

   1 later decision quote this exact passage · from the majority
   e.g. Rudd v. Gates