Kaufman v. Edwards’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the present case I am inclined to the opinion that the intent was of a present transfer and vesting of the right in remainder (and, probably, indeed, of a right in the entire chose during Mrs. Kaufman's life), from the fact of the indiscriminate mingling in the deposits of the contributions of both parties, and the keeping of no record by either as to the amounts respectively contributed. Such conduct, it seems to me, negatives the idea of the retention of separate interests and is compatible only with the idea and intent of a joint ownership in the mingled and indistinguishable assets, especially under the circumstances of close relationship and mutual trust existing between this mother and daughter.”

   1 later decision quote this exact passage
   e.g. Hudson City Savings Bank v. Havemeyer

2. ““That written statement is merely proof that the ‘donor’s’ intent was that the opening of the account was an act of present transfer of interest instead of a ‘power of attorney.’ It supplies the proof necessary to resolve the ambiguity of the mere opening of the account alone — the proof which otherwise must needs have been sought from other sources.””

   1 later decision quote this exact passage
   e.g. Beach v. Holland

3. “is a presently effective transfer of an interest”

   1 later decision quote this exact passage
   e.g. 105 N.J. Eq. 29 - In Re Koss