Charles McMicken v. Freeman G Carey’s Empirical Analysis
65 U.S. 465 · 1860
Citation profile
13 federal appellate · 3 district · 55 state decisions
How this case has been cited
Cited by 96 later decisions (8 by the Supreme Court) — most recently September 2021 · most notably Bob Jones University v. United States (1983), Jones v. Habersham (1882)
13 federal appellate · 3 district · 55 state decisions — followed in 20 states
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 Francois Fenelon v. The Mayor Aldermen and Citizens of Philadelphia · William Smith v. Leroy Swormstedt · Trustees of the Philadelphia Baptist Ass'n v. Hart's Executors · William Fontain Administrator of Frederick Kohne Deceased v. William Ravenel · John Inglis v. The Trustees of the Sailor's Snug Harbour in the City of New York
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Charities form an exceptional class in reference to the rule against restraints on alienation and conditions in restraint of alienation may be inserted in devises to charity because it is a normal characteristic of property devoted to charitable purposes that it is inalienable. Hence a gift to a charitable use, with a direction that n-o part of it should at any time be alienated, does not create a perpetuity in the sense forbidden by law, but only a perpetuity allowed by law and equity in cases of charitable trusts.””
1 later decision quote this exact passage · from the majority“[I]t has now become an established principle of American law, that courts of chancery will sustain and protect . . . a gift . . . to public charitable uses, provided the same is consistent with local laws and public policy . . . .”
1 later decision quote this exact passage · from the majority“consistent with local laws and public policy,”
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.