Walker v. James’s Empirical Analysis

Citation profile

2 federal appellate · 13 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While a trustee is generally not responsible for the acts or defaults — the intentional or negligent breaches of trust — of a cotrustee, in which he has not joined or concurred, or to which he has not consented, or which he has not aided or made possible by his own negligence, “A trustee is responsible for the willful or negligent wrongful acts or omissions— breaches of trust — of his cotrustee to which he consented, or which by his own negligence he made it possible for his cotrustee to commit.””

   1 later decision quote this exact passage
   e.g. In re the Estate of Chrisman

2. ““A beneficiary, who, subsequently to a breach of trust, acquiesces in it, cannot maintain a suit for relief against those who would otherwise have been liable. The acquiescence, in order to produce this effect, must take place with full information by the beneficiary of all the facts, and with full knowledge of his legal rights arising from those facts; in short, it must have all the requisites of an acquiescence heretofore described, to defeat the liability of a defaulting trustee.””

   1 later decision quote this exact passage
   e.g. Jo Ann Howard & Associates, P.C. v. Cassity

3. “either a beneficiary or a trustee, without being both, the situation would be an entirely different one.”

   1 later decision quote this exact passage
   e.g. Scullin v. Clark