Trumbauer v. Rust’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no conflict of authority as to what distinguishes a deed from a testamentary conveyance. If it pass a present interest, or right, even though the enjoyment thereof be postponed until the death of the grantor, it is a deed; if it pass no present interest or right, but is dependent upon the death of the maker to consummate it, it is testamentary in its nature, notwithstanding it be denominated a deed and is a deed in form and in some essential characteristics.””

   1 later decision quote this exact passage
   e.g. Huber v. Backus

2. ““In determining whether or not a writing is a deed, the controlling question and the ultimate object of inquiry should, in every case, be: What was the intent of the maker? If it was to postpone title and enjoyment until after his death, the writing is not a deed; if it was to confer title but to postpone the enjoyment thereof, it is a deed.””

   1 later decision quote this exact passage
   e.g. Huber v. Backus