Smith v. Pond’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It needs no argument to demonstrate that the present bequest comes within the very words of this statutory provision. The legatee is a religious corporation of this state organized under a general act of the legislature. As such it is authorized by the express language of the statute to take and hold in trust for benevolent purposes such personal property as may be bequeathed to it. The use of the words `charitable or benevolent' in the statute shows that the purpose of the legislature was to validate trusts which were benevolent, although not charitable, in their nature. To hold otherwise would be in effect to expunge the latter word from the statute in disregard of one of the most important canons that the law has established for the construction of statutes and other written instruments. The reasoning of this court in Morris v. Thompson, supra , is controlling upon this point. The right of the corporation to receive the bequest carries with it, by necessary implication, the right of the testatrix to make it.”

   1 later decision quote this exact passage · from the majority
   e.g. 105 N.J. Eq. 236 - Chelsea Nat. Bank v. Our Lady Star, C.

2. “An act concerning corporations of this state organized for religious, educational, charitable or benevolent purposes”

   1 later decision quote this exact passage · from the majority
   e.g. 105 N.J. Eq. 236 - Chelsea Nat. Bank v. Our Lady Star, C.