Doe Lessee of Poor v. Considine’s Empirical Analysis

Citation profile

38 federal appellate · 17 district · 99 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 209 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`A. devises to B. for life remainder to his children but if he dies without leaving children remainder over, both the remainders are contingent, but, if B. afterward marries and has a child, the remainder becomes vested in that child, subject to open and let in unborn children, and the remainder over are gone forever. The remainder becomes a vested remainder in fee in the child as soon as the child is born, and does not wait for the parent's death, and, if the child dies in the lifetime of the parent, the vested estate in remainder descends to his heirs.'”

   3 later decisions quote this exact passage · from the majority
   e.g. In re Youtsey · Wise v. Craig

2. ““A vested remainder is where a present interest passes to a certain and : definite person, but to be enjoyed in futuro. * * * It is a rule of laW that estates shall be held to vest at the earliest possible period, unless there be a clear manifestation of the intention of the testator to the contrary. * * * Where there is a devise to a class of persons to take effect in enjoyment at a future period, the estate vests in the persons as they come in esse, subject to open and let in others as they are born afterwards.””

   3 later decisions quote this exact passage · from the majority
   e.g. Land Title & Trust Co. v. McCoach · Pollack v. Meyer Bros. Drug Co.

3. ““This subject is considered and the authorities fully reviewed by Mr. Justice Swayne, in Doe, Lessee of Poor v. Considine, 6 Wall, 458, 18 L.Ed. 869 , ‘It is well settled,’ says he, ‘that where no intention to the contrary appears, the language used in creating the estate will be limited and restrained to the purposes of its creation. And when they are satisfied, the estate of the trustee ceases to exist and his title becomes extinct. The extent and duration of the estate are measured by the objects of its creation.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Young v. Bradley · Ellms v. Ellms