Daniel v. Whartenby’s Empirical Analysis
84 U.S. 639 · 1873
Citation profile
13 federal appellate · 3 district · 21 state decisions
How this case has been cited
Cited by 47 later decisions (3 by the Supreme Court) — most recently July 1964 · most notably De Vaughn v. Hutchinson (1897), William Vanderbilt v. Ferdinand Eidman (1905)
13 federal appellate · 3 district · 21 state decisions — followed in 12 states
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.
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A testator gave his estate, both real and personal, to his son E. T., ‘ during his natural life, and after his death to his issue, by him lawfully begotten of his body, to such issue, their heirs and assigns forever.’ In case E. T. should die without lawful issue, then, in that case, he devised the estate to his own widow and two sisters ‘during the natural life of each of them, and to bhe.survivor of them,’ and after the death of all of them to J. W., his heirs and assigns forever; with some provisions in case of the death of J. W. during the life of the widow and sisters. Held, that the rule in Shelley's case did not apply, and that the estate' in E. T., the first taken, was not a fee-tail, but was an estate for life, with remainder in fee to the issue of his body, contingent upon the birth of such issue, and in default of such issue, remainder for life to his widow and two sisters, with remainder over in fee, after their death, to J. W.””
1 later decision quote this exact passage · from the majority““We entertain no doubt that the testator intended to give a life estate only to Richard, and a fee simple to his issue, and that they should be the springhead of a new and independent stream of descents. We find nothing in the law of the case which prevents our giving effect to that intent.””
1 later decision quote this exact passage · from the majority““Tu this class oí cases in the English courts the doctrine oí Shelley’s Case is applied unless there are circumstances which clearly take the devise out.of of lhat rule. Every doubt is resolved in favor of its application. Here, we think, the tendency should he otherwise.””
1 later decision quote this exact passage · from the majoritye.g. Mathieson v. Craven
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.