Thomason v. Hellams’s Empirical Analysis

Citation profile

3 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Where a will gives a life estate for the use and benefit of the life tenant, with a power of sale or disposition, and an express remainder over of “what remains,” or some equivalent phrase, while the life tenant is entitled thereunder to the possession and control of the property during his life, with power to dispose of the whole or any part of the principal thereof as his necessities may require or his judgment dictate, he cannot dispose of it by gift inter vivos.’ pp. 1316, 1317. “ ‘Where a will gives a life estate for the use and benefit of the life tenant, with a power of sale or disposition, and an express remainder over of “what remains,” or some equivalent phrase, while the life tenant is entitled thereunder to the possession and control of the property during his life, with power to dispose of the whole or any part of the principal thereof as his necessities may require or his judgment dictate, he cannot waste or extravagantly and recklessly squander the estate.’ p. 1325. “The following is from the supplemental annotation in 69 A.L.R. 825 : “ ‘The rule laid down in the original annotation in 2 A.L.R. 1243 is supported by the later decisions. The power to make a gift or devise, or fraudulently to defeat the remainder-men’s estate by subterfuge, are the only rights which the life tenant with general powers of disposition is generally denied.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Burnett v. United States