Shepard v. Shepard’s Empirical Analysis
1910
Citation profile
5 federal appellate · 25 state decisions
How this case has been cited
Cited by 33 later decisions — most recently June 1956 · most notably Tracy v. Commissioner (1934), Everett v. Everett (1947)
5 federal appellate · 25 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 14 E.H. Smith 476 - Gannon v. . McGuire · Matthews v. Hoagland · Candee v. Connecticut Savings Bank · Bone v. Holmes · Love v. Francis
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.
““* * * We are dealing here with transactions between a father and his sons, in both of whom he had implicit confidence at the time of the transactions of 1896 and 1899 in question, and for years thereafter. The safe in which these securities were placed and kept was accessible at all times to both donor and donees. They all placed their marks upon these transactions in such a way as to indicate, in our judgment, the intention of the father to then make absolute gifts to the sons of these securities. We are unable to-find an indication, for years, by any of the parties dealing with these papers, of any other intention than that the sons were the owners of .these securities. They dealt with them as their own. The father dealt with them as belonging to the sons. It is undisputed that both the complainant and the defendant had access to the securities, or alleged gifts of 1896 and 1899, at all times, and that they looked them over whenever they wished; and, in fact, carried away a considerable part of them, as is evidenced by documents in evidence. Their letters show that they treated them as theirs.””
1 later decision quote this exact passage · from the majority““It is well settled that, if there has been an actual or constructive delivery of the subject-matter of the gifts, with the intent to vest title, the fact that the donor retains possession of the same for any purpose is'not sufficient to defeat the gift; nor is the gift defeated by the fact that the donor reserved to himself the use or income from the subject-matter of the gift.””
1 later decision quote this exact passage · from the majoritye.g. Mahan v. Plank
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.