Trautz v. Lemp’s Empirical Analysis

Citation profile

5 federal appellate · 80 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All the rest, residue and remainder of my estate, of whatsoever kind and wherever situated, real, personal or mixed, I devise and bequeath unto my son Eugene W. Handlan, and my son Alexander H. Handlan, Jr., and my son E. R. Handlan, in trust, however, upon the following uses, trusts and conditions, that is to say: (a) This trust is to commence immediately upon the termination of the administration of my estate, which must be accomplished within the statutory period, unless for good and sufficient reasons determined by the Probate Court having jurisdiction over the administration of said estate, it becomes impossible or impracticable to close the administration within such statutory period. This trust is to continue for a period of twenty (20) years from its beginning, * * Continuing the Court said: “Contention is made that under the terms of the trust there was a period of lapse between the time of testator’s death and the vesting of the legal title in the trustees, the necessary effect of which was to transgress the rule against perpe-tuities.””

   1 later decision quote this exact passage
   e.g. Lamar v. Bookwalter

2. ““The words devise and bequeath,, used by the testator in leaving the residue of his property to his three sons in trust, are not words of futurity, but on the contrary they import a present vesting of the legal title in the trustees immediately upon the death of the testator. There is no language in the will evincing a contrary intent unless it be the provision that the trust is to commence immediately upon the termination of the administration of the estate in the probate court. “The contention is that the legal title cannot vest in the trustees until the trust commences, and, as the will provides that the trust shall commence when the administration ends, necessarily the legal title will vest in the trustees at that time. This contention cannot be upheld for two reasons: (1) It is opposed to the rules of law governing the creation of trusts; and (2) it is contrary to the intention of the testator as expressed in his will.” (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Lamar v. Bookwalter

3. “The law relative to trusts provides that a trust must arise at the time it is attempted to be created, instead of being brought forth by subsequent and independent circumstances. The relation of trustee and cestui que trust must arise at time of the original, and be contemporaneous therewith, and cannot be brought forth by subsequent and independent circumstances. In order to create a valid express trust, it is necessary that some estate or interest be conveyed to the trustee, and, when the instrument creating the trust is other than a will, that estate or interest must pass immediately. Trautz v. Lemp, 329 Mo. 580 , 46 S.W.2d 135, 139 . See Edgar, 377 S.W.2d 314, 318 .”

   1 later decision quote this exact passage
   e.g. Tonkovich v. Crown Life Insurance Co.