Fields v. Gwynn’s Empirical Analysis

Citation profile

5 federal appellate · 3 district ·

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

1. ““What they could convey outright, they could also convey in trust by way of mortgage; and the mere uncertainty whether the estate so conveyed, may be hereafter divested, in whole or in part, by the death of one or all of the remaindermen [before the determination of the preceding estate, would seem to furnish no sufficient ground for the refusal of foreclosure and sale in a seasonable and proper proceeding for that purpose, notwithstanding it might affect the price to be realized from such sale.” Section IX of the will is couched in somewhat different language. Certain lands therein named are given and devised to testator’s wife and brother, “if both survive me,” for their joint lives and during the life of the survivor, or, if only one survives the testator, then to that one, for life. After the death of the survivor of these two, the testator then provides a life estate for the same sisters named in the first section, namely, Mary P. Logan and Pattie C. Stockdale, for life, and for the life of their survivor, specifying with particularity the various eontingeneies which may arise, so as to provide for the accomplishment of these primary purposes. After the falling in of the various life estates, the remainder is devised “to the children of my said two sisters and the issue of such children as may then be deceased, their heirs and assigns forever, in equal shares, as tenants in common, so always, however, that such issue of a deceased child or children, if any, shall take eq”

   1 later decision quote this exact passage · from the majority
   e.g. Jewell v. Graham

2. “According to those authorities, also, and by general agreement, a vested remainder is one in which a present interest passes to the grantee, though to be enjoyed in the future, and is fixed to remain to a determinate person after tlie particular estate is ended. The remainder passes out of the grantor at the creation of tho particular estate and vests in the grantee an immediate, fixed right of future enjoyment. A remainder is contingent when limited to an uncertain person, or upon the happening of an uncertain event, that is to say, when limited to a person not in being, or riot ascertained, or limited to take effect, upon an event which may never happen, or which may not happen until after the preceding particular estate is ended. Applying the foregoing tests, we are of opinion that the deed of settlement operated to create a vested remainder in the issue of Ella P. Gwynn, who were then living, subject to be opened to lot in any child that might be born to her afterwards. -And this conclusion would not be affected by any determination of the questions, if such should become necessary, whether by “issue living at her death,” are meant the children of Ella P. Gwynn, as a class, or whether “issue” includes the children of a child who may pro-decease the life tenant. The character of the first limitation in' remainder would not be affected by a determination that the settlor meant the children as a class, and that the estate shall pass under the succeeding limitation in the eve”

   1 later decision quote this exact passage · from the majority
   e.g. District of Columbia v. Clark