Rand v. Thweatt’s Empirical Analysis
1953
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently January 2010
10 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 Jackson v. Robinson · Morris v. Lynn · Martin v. Gray
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where there is a gift to a number of persons who are indicated by name, and who are also further described by reference to the class to which they belong, the gift is held prima facie to be a distributive gift and not a gift to a class. “The context, however, may show, that the names of the beneficiaries were added to the description of them as members of a class for the purpose of greater certainty, and that the paramount intention of testator was to make the gift to a class. Tn such case the gift will be treated as one to a class even if the names of the beneficiaries are given in the will...””
1 later decision quote this exact passagee.g. Scholem v. Long“If the gift is made to beneficiaries by name, the gift is, prima facie, not one to a class, even if the individuals who are named possess some quality or characteristic in common. #####* If the names of the members of the class as well as the number of the members are given, the inference is quite strong that the gift is to individuals, and not to a class.”
1 later decision quote this exact passagee.g. Tate v. Gregson
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.