Blackmore v. Woodward’s Empirical Analysis

Citation profile

3 federal appellate · 2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The stock 'was severed from the bulk of the testator’s property by the operation of the will from the death of the testator, and was specifically appropriated, with its increase and' emolument, for the benefit of the wife during her life or widowhood. * * * From that time on, the beneficial interest in the stock was in the wife for life or widowhood, the remainder to pass on her death or marriage to the four children of the testator. * * * It is well settled that a bequest of personal property, enjoyment of which can only be had by its manual use, gives to the beneficiary the right of possession and the legal title, and the life tenant holds the property for the benefit of himself during life, and in trust for the remaindermen after his death. * * * Where, however, the personal property is in the form of stock, the benefits of which are to be derived by the payment of dividends, it is usually held that the executor or administrator may properly hold the title to the stock during the first estate therein, and pay the dividends to the life tenant. This, however, is in the absence of any provisions in the will tending to show that the testator intended the life tenant to have the full legal title to the stock, and to be himself or herself the trustee for the remainderman. Wherever there is anything in the will tending to show that it was a testator’s intention to have the life tenant take the title, that intention is to be carried out. We have no doubt that in the present case ”

   1 later decision quote this exact passage
   e.g. Faircloth v. McClister