Bender v. Bender’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To fully compensate [the beneficiary] for the loss caused by [the personal representative’s] breach of fiduciary duty in administering the Estate, equity demands that [the personal representative] should pay for the attorney fees incurred to prevent [the personal representative] from acting outside his fiduciary powers. Otherwise, the only deterrent to [the personal representative] acting outside the bounds of his powers is the chance that any improper transfer, and the profits derived therefrom, will be placed in a constructive trust. The probate court did not err in citing to the Trust Code 4 to support an award of attorney fees. A personal represen- . tative, like a trustee, is a fiduciary who acts on behalf of the beneficiary. It was proper for the probate court to conclude that attorney fees available for a fiduciary’s wrongdoing in a trust are , equally available for a fiduciary’s wrongdoing in an estate, and that these fees should be paid by the fiduciary personally. The trial court did not err in granting attorney fees, to be paid by [the personal representative] ,to .[the beneficiary].”

   1 later decision quote this exact passage
   e.g. Thomas Bunger as Personal Representative of the Estate of Kenneth K. Kinney, and Cheryl Underwood v. Sheree Demming

2. “[w]hen a trustee commits a breach of trust, the trustee is liable to the beneficiary for reasonable' attorney fees incurred by the beneficiary in bringing an action on the breach.” 844 N.E.2d at 184 (citing Ind.Code § 30-4-3-11(b)). We went on to say that -section of the trust code”

   1 later decision quote this exact passage
   e.g. Thomas Bunger as Personal Representative of the Estate of Kenneth K. Kinney, and Cheryl Underwood v. Sheree Demming

3. “'(1) inexcusable delay in asserting a known right; (2) an implied waiver arising from knowing acquiescence in existing conditions; and (8) a change in cireumstances causing prejudice to the adverse party'”

   1 later decision quote this exact passage
   e.g. Richmond State Hospital v. Brattain