Chadrow v. Kellman’s Empirical Analysis

Citation profile

49 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to effectuate an inter vivos gift there must be evidence of an intention to make a gift and a delivery, actual or constructive, of a nature sufficient not only to divest the donor of all dominion over the property but also invest the donee with complete control over the subject-matter of the gift.”

   2 later decisions quote this exact passage
   e.g. 271 F. Supp. 822 - Miller v. Buck · 364 Pa. Super. 75 - In Re Estate of Darlington

2. “While the general rule with respect to an ordinary inter vivos gift is well settled, the applicability of such rule to an inter vivos gift of an interest and especially of a joint interest in a bank account or in a safe deposit box or its contents has rarely, if ever, been carefully analyzed in this state; nor has the fundamental difference between such a gift and an ordinary gift been carefully considered. This is apparent from the majority opinion. How, for example, can a depositor or donor make a valid delivery in those cases in which he already has a bank account or a safe deposit box in his own name, and wishes to create in praesenti a joint interest and divest himself of all dominion over the subject of the gift? Contrary to the majority opinion, it is absolutely impossible to divest the donor of all dominion (and control) and invest the donee with complete dominion (and control) over a joint account or joint box or interest, and still have each party possess a joint dominion and control. There is little or no difficulty with respect to intention; but with respect to relinquishment of all dominion over a joint bank account or a joint safe deposit box, such a divestiture (and the investing of complete dominion in the donee) is, upon careful analysis, a contradiction in terms and an impossibility. Yet the majority assert that that is the proper test or rule in these cases. [Emphasis by Justice Bell]”

   1 later decision quote this exact passage
   e.g. 271 F. Supp. 822 - Miller v. Buck

3. “Gimbel Brothers Bank and Trust Company is hereby authorized and instructed to permit access to the said box by any (or either) of the undersigned and to recognize such deputy or deputies as any (or either) of the undersigned may appoint as the deputy or deputies of all. It is agreed that each (or either) of the undersigned is the joint owner of the present and future contents of said box and that in the event of death of any (or either) of the undersigned, the survivors or survivor shall have the right to withdraw said contents, * * *”

   1 later decision quote this exact passage
   e.g. 271 F. Supp. 822 - Miller v. Buck