Larkin v. Wikoff’s Empirical Analysis

Citation profile

32 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The cestuis que trustent are those for whose benefit others are seized of real or personal property. 1 Bouv. Dict. ( Rawle's Rev. ) 302. The cestui que trust is the real, substantial and beneficial owner of an estate which is held in trust as distinguished from the trustee in whom the mere legal title is vested. 28 Am. & Eng. Encycl. L. (2 d ed. ) 1100. In the case under consideration the cestuis que trustent are all the people of the neighborhood of the Cedar Grove church.”

   1 later decision quote this exact passage
   e.g. 15 N.J. Super. 82 - Leeds v. Harrison

2. “Where a power is coupled with a trust or duty, a court of equity will enforce a proper and timely exercise of the power; but if it be given upon a trust to be exercised in the discretion or upon the judgment of the trustee, the court will not interfere with the trustee's discretion in executing the trust unless he has exercised his discretion mala fide.”

   1 later decision quote this exact passage
   e.g. Noble v. Union Township

3. “The rule is that where property affected by a trust for public purposes is in the hands of those who hold it devoted to that trust, it is the privilege of the public that the state be entitled to intervene by its officers for the purpose of asserting on behalf of the public generally the public's right and interest.”

   1 later decision quote this exact passage
   e.g. Y.W.C.A. of Camden v. Murrelle