Borsch Estate’s Empirical Analysis
1949
Citation profile
8 federal appellate · 74 state decisions
How this case has been cited
Cited by 90 later decisions — most recently December 2002 · most notably Griffith v. United Air Lines, Inc. (1964), Gallagher v. Smith (1955)
8 federal appellate · 74 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 Smith v. Glen Alden Coal Co. · Willcox v. Penn Mutual Life Insurance · Riverside Trust Co. v. Twitchell · Morgan'S Estate · Lyon v. Alexamder
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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While the life tenant may presently decline spendthrift income (which in the interim may be distributed to others under the terms of the will or by law), it may subsequently develop that the creator of the trust was wiser than the beneficiary who may thereafter desire to repudiate her release and renunciation and receive future income.”
1 later decision quote this exact passagee.g. Gallagher v. Smith“When a trust of this kind has been created, the law holds that the donor has an individual right of property in the execution of the trust; and to deprive him of it would be a fraud on his generosity. For the law to appropriate a gift to a person not intended would be an invasion of the donor’s private dominion.”
1 later decision quote this exact passagee.g. Schreiber v. Kellogg“* * * the property right possessed by the testator or donor, to have enforced the limitations and restrictions affixed to the gift.”
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.