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← 889 NE2D 374 - Davis v. Davis

Davis v. Davis’s Empirical Analysis

2008

Citation profile

7
cited by 7 later decisions
1
states following
May 2014
most recently cited

7 state decisions

Relationships

Relies on Meinhard v. Salmon · Zaring v. Zaring · Malachowski v. Bank One, Indianapolis, N.A. · Marriage of Freese v. Burns · Goodwine v. Goodwine

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

  1. “(a) The trustee has a duty to administer a trust according to its terms. (b) Unless the terms of the trust provide otherwise, the trustee also has a duty to do the following: (1) Administer the trust in a manner consistent with [the PIA]. *to ock (8) Preserve the trust property. (4) Make the trust property productive for both the income and remainder beneficiary. As used in this subdivision, "productive" includes the production of income or investment for potential appreciation. #ock ok (7) Upon reasonable request, give the beneficiary complete and accurate information concerning any matter related to the administration of the trust and permit the beneficiary or the beneficiary's agent to inspect the trust property, the trustee's accounts, and any other documents concerning the administration of the trust. [[Image here]] (10) Supervise any person to whom authority has been delegated ....”
    1 later decision quote this exact passage
  2. “not merely the result, but whether the trustees are acting reasonably and in good faith, whether the issue on which they are divided is of little or momentous consequence to the estate or its beneficiaries, whether the facts are undisputed or are so controversial as to require an adversary proceeding for their determination, whether the legal questions are simple or complex, settled by precedents or open to serious debate, and any other matters that bear upon the reasonableness or the necessity for the litigation and the multiple employment or attorneys therein.”
    1 later decision quote this exact passage
  3. “(a) Unless the terms of the trust provide otherwise or unless waived in writing by an adult, competent beneficiary, the trustee shall deliver a written statement of accounts to each income beneficiary or his personal representative annually. The statement shall contain at least: (1) all receipts and disbursements since the last statement; and (2) all items of trust property held by the trustee on the date of the statement at their inventory value.”
    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.