Sherman v. Havens’s Empirical Analysis
1915
Citation profile
3 federal appellate · 19 state decisions
How this case has been cited
Cited by 31 later decisions — most recently October 2006 · most notably 33 Colo. App. 346 - Stone v. Chapels for Meditation, Inc. (1974), 1 Kan. App. 2d 675 - Southwest National Bank v. Sowers (1977)
3 federal appellate · 19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Nichols Assignee v. Eaton et al. · Sears v. Choate · Broadway National Bank v. Adams · Smith v. Towers · Wagner v. Wagner
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule adopted by the majority of the American courts is that: `It is lawful for a testator or grantor to create a trust estate for the life of the cestui que trust, with the provision that the latter shall receive and enjoy the avails at times and in amounts either fixed by the instrument or left to the discretion of the trustee, and that such avails, shall not be subject to alienation by the beneficiary nor liable for his debts.' * * * 8 "It cannot be doubted that by the great weight of authority in this country it is settled that the founder of such a trust may secure the enjoyment of it to the objects of his bounty by providing that it shall not be alienable by them or become subject to be taken by their creditors, and that the testator's intention in this respect, when clearly expressed by him, will be carried out.”
1 later decision quote this exact passage · from the majoritye.g. Johnson v. Morawitz“It cannot be doubted that by the great weight of authority in this country it is settled that the founder of such a trust may secure the enjoyment of it to the objects of his bounty by providing that it shall not be alienable by them or become subject to be taken by their creditors, and that the testator's intention in this respect, when clearly expressed by him, will be carried out.”
1 later decision quote this exact passage · from the majoritye.g. Johnson v. Morawitz
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.