Ware v. Gulda’s Empirical Analysis
1954
Citation profile
6 federal appellate · 10 district · 14 state decisions
How this case has been cited
Cited by 52 later decisions — most recently November 2019 · most notably 7 Mass. App. Ct. 633 - State Street Bank & Trust Co. v. Reiser (1979), Markham v. Fay (1996)
6 federal appellate · 10 district · 14 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 Greenwich Trust Co. v. Tyson · Forbes v. Snow · Sands v. Old Colony Trust Co. · Warner v. Rice · Pacific National Bank v. Windram
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a settlor cannot place property in trust for his own benefit and keep it beyond the reach of his creditors,”
12 later decisions quote this exact passage“Merely because the trustee has not exercised the discretionary power conferred upon it by ... [the settlor] ... seems to us to be an insufficient ground to distinguish this case in principle from the rule of years’ standing we recently restated in Merchants National Bank v. Morrissey, 329 Mass. 601, 605 , 109 N.E.2d 821 ...: “The established policy of this commonwealth long has been that a settlor cannot place property in trust for his own benefit and keep it beyond the reach of creditors _” $$$$$$ The rule we apply is found in Restatement: Trusts, § 156(2): “Where a person creates for his own benefit a trust for support or a discretionary trust, his transferee or creditors can reach the maximum amount which the trustee under the terms of the trust could pay to him or apply for his benefit.””
1 later decision quote this exact passage
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.