Sutter v. Sutter’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In considering the one trust wherein Garrett fixed the termination date to be one year after the death of the settlor, the federal court further ruled such pro■vision did not make the trust instrument testamentary, since the trust terms had passed an interest in the res to the beneficiaries during the life of the set-tlor, even though possession or enjoyment thereof was postponed until the death of the settlor. Id. at 465 . The court further recognized that the policy of the law favors the vesting of interests and, where possible, Avill construe a provision as a condition subsequent in preference to a condition precedent. Id.”

   1 later decision quote this exact passage
   e.g. Tait v. Community First Trust Co.

2. “So long as the trust continues, the ces-tuis have equitable interests, no matter who acts for them in protecting those interests, whether it be trustee or set-tlor. If the exercise of these powers by the settlor involves the total or partial destruction of the trust, as where the settlor has power to sell the res and keep the proceeds, the power seems to be treated as practically that of revocation of the trust. It leaves an equitable interest in the cestuis till revocation. It shows a vested interest, subject to divestment, and not the lack of any interest at all.”

   1 later decision quote this exact passage
   e.g. Tait v. Community First Trust Co.