Henson v. Wright’s Empirical Analysis

Citation profile

2 federal appellate · 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““These words do not limit the interest of the cestui que trust to a support and maintenance, or declare the object of the trust to be to make pro vision for his support. They only operate to declare a distinct trust for the sole and only ‘benefit’ of Hamilton during his life. A trust may be so created that no interest vests in the. beneficiary, — as, when it is limited to the support and maintenance of the beneficiary, and he is prohibited from alienation or anticipation; so, when the income is to be paid over only in the discretion of the trustee, or when it can only be applied for a special use, such as education or support. In all such cases the purposes of the trust would obviously be defeated if the beneficiary could assign or alienate. But whenever the absolute equitable interest is vested in the cestui que trust, and there is no prohibition upon his power of alienation, the incidents of ownership attach, and the interest is assignable.” “It is difficult to see,” said the court, “how this trust would be breached by an 'assignment of the rents accrued or to accrue. These rents would, in such case, have been applied to the ‘only use and benefit’ of the beneficiary, just as effectually as if paid into his hands.””

   1 later decision quote this exact passage
   e.g. Brooks v. Raynolds