Boyer v. Sims’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Of course, the power of alienation is incident to every fee (Tied. Real Prop. §38), and conveyances of the fee in trust, as well as the fee absolute, carry with them to the grantees a power of alienation, unless restrained by the instrument itself. Under the above statute, in the light of the rule mentioned, the deed in question must have contained a clause in restraint of alienation to enable us to say that the grantees possessed no power to dispose of the premises. “But the power of disposition was given to the trustees. Independently of the explanatory testimony as to the existence and design of the trust, and admitting that such testimony may have been improperly received (although no objection was made to it on the trial or in argument to us), the conveyance itself implies a power of disposition. It was made to the grantees and ‘their heirs and assigns.’ The trust was not a naked one. By the granting and habendum clauses of the conveyance, without reference to the general rule of right to alienate, a power of disposition was vested in the trustees, and that, by. the terms of the statute, was sufficient to constitute an active trust.””

   1 later decision quote this exact passage · from the majority
   e.g. Webb v. Rockefeller

2. ““A conveyance or devise of lands to a trustee whose title is nominal only, and who has no power of disposition or management of such lands, is void as to the trustee, and shall be deemed a direct conveyance or devise to the beneficiary.” (Gen. Stat. 1901, ch. 114, §13.)”

   1 later decision quote this exact passage · from the majority
   e.g. Webb v. Rockefeller