Land v. Marshall’s Empirical Analysis
1968
Citation profile
8 federal appellate · 16 state decisions
How this case has been cited
Cited by 29 later decisions — most recently September 2007 · most notably Cameron v. Cameron (1982), Schlueter v. Schlueter (1998)
8 federal appellate · 16 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 Burnet v. Guggenheim · Arnold v. Leonard · Dakan v. Dakan · Newman v. Dore · Archer v. Griffith
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A valid inter vivos trust is not and does not purport to be a will. The question presented is whether the trust was valid at the time of its creation. If the death of the trustor is a condition precedent to the creation of a trust, the requirements for the execution of a will must be met; if a trust is created during the lifetime of the trustor, even though he reserves the power to revoke, a trust may presently be created.” 426 S.W.2d, at 844 .”
2 later decisions quote this exact passage · from the majority“Sec. 57. Disposition Inter Vivos Where Settlor Reserves Power to Revoke, Modify or Control. Where an interest in the trust property is created in a beneficiary other than the settlor, the disposition is not testamentary and invalid for failure to comply with the requirements of the Statute of Wills merely because the settlor reserves a beneficial life interest or because he reserves in addition a power to revoke the trust in whole or in part, and a power to modify the trust, and a power to control the trustee as to the administration of the trust. Comment b: Where settlor reserves power of control. Where the owner of property transfers it inter vivos to another person in trust, the fact that he reserves not only a power to revoke and modify the trust but also power to control the trustee as to the administration of the trust does not make the disposition testamentary and invalid for failure to comply with the requirements of the Statute of Wills.”
1 later decision quote this exact passage · from the majority““The court of civil appeals held that the Marshall Trust failed because Marshall did not have the right to make a testamentary disposition of his wife’s community property. This is a correct legal principle.””
1 later decision quote this exact passage · from the majoritye.g. Carnes v. Meador
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.