Davis v. Rex’s Empirical Analysis
2004
Citation profile
6 state decisions
Relationships
Relies on 760 So. 2d 126 - Volusia County v. Aberdeen at Ormond Beach · Story Ex Rel. Story v. First National Bank & Trust Co. · Sorrells v. McNally · Spears v. Albertson's, Inc. · 766 So. 2d 294 - Gilman Yacht Sales, Inc. v. FMB Investments, Inc.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(3) Distribution After Death of the Grantor and the Grantor's Spouse a. Dispositive Provisions Upon the death of the Grantor’s spouse, or upon the death of the Grantor if the Grantor is predeceased by the Grantor's spouse, the Trustee shall distribute the Credit Shelter Trust, together with the remaining principal of the Marital Trust, as follows: [[Image here]] 4. The remainder (residue) of the entire distributable trust estate shall be distributed to the Grantor's children, SCOTT F. DAVIS and STEPHEN G. DAVIS, whether such children are living or deceased, in equal shares, per stirpes. In the event a child of the Grantor should predecease the Grantor and the Grantor’s spouse and not be survived by living issue, said deceased child's share shall be distributed to the Grantor's other child, whether such child is living or deceased, per stirpes.”
1 later decision quote this exact passagee.g. Popp v. Rex“It has long been held that equity will reform an agreement so as to conform to the intent of the parties, when an agreement, which due to a mistake of the drafter, violates or fails to carry out the intention of the parties. Relief is given where, through a mistake of the scrivener, the instrument contains an error or fails to properly define the terms agreed to by the parties.”
1 later decision quote this exact passage“that a trust with testamentary aspects may be reformed after the death of the settlor for a unilateral drafting mistake so long as the reformation is not contrary to the interest of the settlor.”
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.