Thompson v. Williams’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A reading of the transcript leaves the clear conclusion that [the decedent] viewed [the joint tenant’s] activities as executor to begin during her life when he began the management of her assets and that the transfers into joint names was a pre-death placement of her assets into his hands in his capacity as executor of her estate. [The joint tenant’s] testimony leaves a similarly clear conclusion that he understood that to be [the decedent’s] belief and intent. He is deemed to have accepted the transfers on that basis. [Our emphasis]. Id. at 445 .”

   3 later decisions quote this exact passage
   e.g. Kempen v. Long · Estate of Hayward

2. ““If a fiduciary or confidential relationship exists between the alleged trustee and the beneficiary, no proof of fraud is necessary in order to establish a constructive trust. It seems that this exception is based upon the principle that a breach of confidential relationship is, in itself, a constructive fraud.””

   1 later decision quote this exact passage
   e.g. Miller v. Miller