Vest v. Bialson’s Empirical Analysis
1956
Citation profile
26 state decisions
How this case has been cited
Cited by 28 later decisions — most recently September 2013 · most notably 57 Cal. 2d 627 - Gilmaker v. Bank of America National Trust & Savings Ass'n (1962), Sebree v. Rosen (1961)
26 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 King v. . Talbot · Aufderheide v. Polar Wave Ice & Fuel Co. · Plummer v. Roberts · Cornet v. Cornet · Garesche v. Levering Investment Co.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“of the trustee, to protect the interest of Mrs. Hutchens. Therefore, the trust provisions evince no intent to deprive decedent's widow of beneficial enjoyment of the income from the trust assets. Missouri law stresses the primacy of a trustee's duty to act in the best interests of the beneficiary. The Missouri Supreme Court has stated that: a trustee is in a fiduciary relation to the beneficiary and”
1 later decision quote this exact passage“In making investments of trust funds the trustee is under a duty to the beneficiary (a) in the absence of■ provisions in the terms of the trust or of a statute otherwise providing, to make such investments and only such investments as a prudent man would make of his own property having primarily in view the preservation of the estate and the amount and regularity of the income to be derived.”
1 later decision quote this exact passage“(Emphasis ours.) Restatement of Trusts, Sec. 170 . This is the primary duty of any trustee and must be the principal guide to be considered in the construction of any powers given him by the trust instrument and propriety of his acts under them. * * * [ Vest v. Bialson , 293 S.W.2d 369 , 380 (Mo. 1956) .] One basic duty of the trustee toward the beneficiaries is”
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.