In the Matter of Gladstone Glen a Partnership Appeal of Michael Sparks’s Empirical Analysis
Citation profile
5 federal appellate · 1 state decisions
How this case has been cited
Cited by 36 later decisions — most recently May 2015 · most notably In Re Johns-Manville Corp. (1984), Sandy Ridge Oil Co Inc Sandy Ridge Oil Co Inc v. Centerre Bank National Association (1986)
5 federal appellate · 1 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 Segal v. Rochelle · Board of Trade of City of Chicago v. Johnson · 75 Ill. 2d 479 - People v. Chicago Title & Trust Co. · Colonial Realty Investment Co. v. Martin · Bergman Chase Manhattan Mortgage and Realty Trust v. Bergman
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] land trust is created by the execution of a deed in trust transferring all legal and equitable title to real property to a trustee. The original owner is designat ed as the beneficiary of the trust and retains an assignable personal property interest in the trust. A second document, the trust agreement, is contemporaneously executed and outlines the right of the beneficiary to retain absolute control over the management, use, and disposition of the property and to receive all proceeds from the property. Unlike the conventional trust in which the trustee is vested broad powers over the management and disposition of the trust property, the land trustee may act only at the beneficiary’s direction. The trust agreement is not recorded and normally is kept secret from the public.”
2 later decisions quote this exact passage · from the majority“Illinois law’s characterization of the beneficiary’s interest as personal property without legal or equitable title to the realty is not controlling for purposes of federal law. Looking to the substance of the matter, we hold that the beneficiary of a land trust is the ‘equitable owner of real property’ within the meaning of the [Bankruptcy Code].”
2 later decisions quote this exact passage · from the majority“In examining a land trust it is apparent that true ownership lies with the beneficiaries though title lies with the trustee. The trustee derives all of his power from the beneficiary and acts solely on the beneficiary’s behalf. The beneficiary may withdraw or modify the trustee’s authority at any time ... Indeed, there is not a single attribute of ownership, except title, which does not rest in the beneficiary. The rights of creation, modification, management, income and termination all belong to the beneficiary ... In reality the transfer to the trustee is a formality involving a shifting of legal documents. The land trust is, in fact, a fiction which has become entrenched in the law of this State and accepted as a useful instrument in the handling of real estate transactions. Outside of relationships based on legal title, the trustee’s title has little significance.”
1 later decision quote this exact passage · from the majority
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.