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← 71 S.D. 17 - Higgins v. Higgins

Higgins v. Higgins’s Empirical Analysis

1945

Citation profile

7
cited by 7 later decisions
1
states following
November 1968
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently November 1968

7 state decisions

40194519501960decided

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 Chicago St Ry Co v. Des Moines Union Ry Co Des Moines Union Ry Co · 45 Cal. App. 2d 559 - Kandjounzeff v. Gardiner · Kirby v. Western Surety Co.

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

  1. “In this case there is no uncertainty as to the property, and the beneficiaries are definite-in that they constitute a class the members of which can be-ascertained. Nor do we believe the trust is uncertain as to its object. As we construe the decree setting over the property to the trustee, he is to hold the legal title during the life of Maurice, collect all money due or to become due, pay the debts of the trust estate, manage the property for the benefit of the grandchildren beneficiaries, with a remainder in the grandchildren, born and to be born. Reading the decree in the light of'the will we think it reasonable to hold that it was the intention of' the testator that the grandchildren have a present benefit from the property at least to the extent of the income therefrom * * * As thus construed the trust falls within the purposes for which a trust in real property may be created”
    1 later decision quote this exact passage

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.