Stallard v. Johnson’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where a trust is created for the purpose of providing for the suitable care and maintenance of the beneficiaries at the discretion of the trustee the discretion so vested is not an arbitrary one which will permit the trustee to defeat the purposes of the trust under the guise of its exercise but is one which must be exercised honestly, fairly and reasonably to accomplish the purpose of the trust. “The courts in the exercise of their equitable jurisdiction have the power to safeguard the rights of the cestui que trust and to compel performance by the trustee of the duties of the trust.””

   1 later decision quote this exact passage · from the majority
   e.g. Buck v. Cavett

2. ““ * * * On the contrary we find that it has been held where the question has been properly submitted that the discretion vested in a trustee must be fairly and reasonably exercised and if not then the same will be compelled by a court of equity. * * * ” 116 P.2d at 967”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Rogers