Mertz v. Owen’s Empirical Analysis

Citation profile

19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A trustee is not an agent. An agent represents and acts for his principal .... A trustee may be defined generally as a person in whom some estate interest or power in or affecting property is vested for the benefit of another. When an agent contracts in the name of his principal, the principal contracts, and is bound, but the agent is not. When a trustee contracts as such, unless he is bound, no one is bound, for he has no principal. The trust estate cannot promise; the contract is therefore the personal undertaking of the trustee.””

   2 later decisions quote this exact passage
   e.g. Clark v. Clark · Smoot v. B & J Restoration Services, Inc.

2. ““All of the authorities recognize that courts have the power to remove a trustee for cause. Bogert, Trusts and Trustees, Vol. 3, § 519, p. 1650; 65 C.J. pp. 614, § 445; and 26 R.C.L. pp. 1276, § 126. While all of the authorities agree in recognizing the power of courts to remove trustees, these same authorities are quick to point out that no trustee should be removed except upon the strongest showing with respect to the charges made and only for the purpose of preserving or protecting the trust estate from loss or serious harm.””

   1 later decision quote this exact passage
   e.g. Moore v. Cavett