Funk v. Eggleston’s Empirical Analysis

Citation profile

3 federal appellate · 47 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Mr. Justice Story» * * * speaking in regard to the execution of powers by last wills and testaments, says: “ The main point is, to arrive at the intention and object of the donee of the power in the instrument of execution; and, that being once ascertained, effect is given to it accordingly. * * * if the donee of the power intends to execute, and the mode be, in other respects, unexceptionable, that intention, however manifested, whether directly or indirectly, positively or just by implication, will make the execution valid and operative. I agree, that the intention to¡ execute the power must he apparent and clear, so that the transaction is not fairly susceptible of any other interpretation. If it he doubtful, under all the circumstances, then that doubt will prevent it from being deemed am execution of the power * * [Italics supplied.]”

   1 later decision quote this exact passage · from the majority
   e.g. Cone v. Commissioner

2. “[T]he rule which requires the existence of one of these three elements, in order to effect an execution of the power, is altogether subordinate and secondary in its character, and if circumstances could and should arise that indicated clearly the intention of the donee to work by the power, it could not be but that the artificial rule, predicated upon former experience, must give way and the primary and fundamental rule, which requires only that the intention be made clear and manifest, would prevail.”

   1 later decision quote this exact passage · from the majority
   e.g. 550 F. Supp. 729 - Roberts v. Northern Trust Co.