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6 Minnesota opinions name it 1 courts 1937–1977 0 in the last five years
The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
King v. . Talbotgreen2 sentences1945R. 499, 502, as-follows: “* * * ‘the just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.’ (King v. Talbot, 40 N. Y. 76, 84, 85 .) The statement has been frequently approved. 1945The principles governing the conduct of a trustee in disposing of securities received from the creator of the trust are clearly set forth in Fortune v. First Trust Co. 200 Minn. 367 , 378 , 274 N.W. 524 , 529 , 112 A.L.R. 346 , wherein the court quoted with approval the New York Court of Appeals in Matter of Clark, 257 N.Y. 132 , 136 , 177 N.E. 397 , 398 , 77 A.L.R. 499 , 502 , as follows: "* * * 'the just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, | 2 | 3 |
Gronquist v. Olsongreen2 sentences1977We also expressed agreement with the rule previously adopted in Gronquist v. Olson, 242 Minn. 119, 126 , 64 N.W.2d 159, 164 (1954), a case involving joint tortfeasors, where we said: “* * * The just and true rule should be, and we believe is, that, if the injured party has accepted satisfaction in full for the injury suffered by him, the law will not permit him to recover again for the same injury; but if he has not received full satisfaction, or that which the law considers such, 1 he is not barred until he has received full satisfaction. 1977We also expressed agreement with the rule previously adopted in Gronquist v. Olson, 242 Minn. 119, 126 , 64 N.W.2d 159, 164 (1954), a case involving joint tortfeasors, where we said: “* * * The just and true rule should be, and we believe is, that, if the injured party has accepted satisfaction in full for the injury suffered by him, the law will not permit him to recover again for the same injury; but if he has not received full satisfaction, or that which the law considers such, 1 he is not barred until he has received full satisfaction. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fortune v. First Trust Co.
green
2 sentences1945The principles governing the conduct of a trustee in disposing of securities received from the creator of the trust are clearly set forth in Fortune v. First Trust Co. 200 Minn. 367 , 378 , 274 N.W. 524 , 529 , 112 A.L.R. 346 , wherein the court quoted with approval the New York Court of Appeals in Matter of Clark, 257 N.Y. 132 , 136 , 177 N.E. 397 , 398 , 77 A.L.R. 499 , 502 , as follows: "* * * 'the just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, 1945The principles governing the conduct of a trustee in disposing of securities received from the creator of the trust are clearly set forth in Fortune v. First Trust Co. 200 Minn. 367 , 378 , 274 N.W. 524 , 529 , 112 A.L.R. 346 , wherein the court quoted with approval the New York Court of Appeals in Matter of Clark, 257 N.Y. 132 , 136 , 177 N.E. 397 , 398 , 77 A.L.R. 499 , 502 , as follows: "* * * 'the just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, | 3 | 1942–1945 |
Purdy v. . Lynch
green
2 sentences1937R. 499, 502, 503: “* * * The just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.’ (King v. Talbot, 40 N. Y. 76, 84, 85 .) The statement has been frequently approved. *379 (Matter of Weston, 91 N. Y. 502, 511 ; Costello v. Costello, 209 N. Y. 252, 261 , 103 N. E. 148 .) In determining whether the acts of a trustee have been prudent, within the meaning of the rule, we must ‘look at the facts'as they exist at the time of t 1937R. 499, 502, 503: “* * * The just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.’ (King v. Talbot, 40 N. Y. 76, 84, 85 .) The statement has been frequently approved. *379 (Matter of Weston, 91 N. Y. 502, 511 ; Costello v. Costello, 209 N. Y. 252, 261 , 103 N. E. 148 .) In determining whether the acts of a trustee have been prudent, within the meaning of the rule, we must ‘look at the facts'as they exist at the time of t | 3 | 1937–1945 |
In Re the Accounting of Fulton Trust Co.
green
2 sentences1945The principles governing the conduct of a trustee in disposing of securities received from the creator of the trust are clearly set forth in Fortune v. First Trust Co. 200 Minn. 367 , 378 , 274 N.W. 524 , 529 , 112 A.L.R. 346 , wherein the court quoted with approval the New York Court of Appeals in Matter of Clark, 257 N.Y. 132 , 136 , 177 N.E. 397 , 398 , 77 A.L.R. 499 , 502 , as follows: "* * * 'the just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, 1945The principles governing the conduct of a trustee in disposing of securities received from the creator of the trust are clearly set forth in Fortune v. First Trust Co. 200 Minn. 367 , 378 , 274 N.W. 524 , 529 , 112 A.L.R. 346 , wherein the court quoted with approval the New York Court of Appeals in Matter of Clark, 257 N.Y. 132 , 136 , 177 N.E. 397 , 398 , 77 A.L.R. 499 , 502 , as follows: "* * * 'the just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, | 3 | 1942–1945 |
Costello v. . Costello
green
2 sentences1937R. 499, 502, 503: “* * * The just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.’ (King v. Talbot, 40 N. Y. 76, 84, 85 .) The statement has been frequently approved. *379 (Matter of Weston, 91 N. Y. 502, 511 ; Costello v. Costello, 209 N. Y. 252, 261 , 103 N. E. 148 .) In determining whether the acts of a trustee have been prudent, within the meaning of the rule, we must ‘look at the facts'as they exist at the time of t 1937R. 499, 502, 503: “* * * The just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.’ (King v. Talbot, 40 N. Y. 76, 84, 85 .) The statement has been frequently approved. *379 (Matter of Weston, 91 N. Y. 502, 511 ; Costello v. Costello, 209 N. Y. 252, 261 , 103 N. E. 148 .) In determining whether the acts of a trustee have been prudent, within the meaning of the rule, we must ‘look at the facts'as they exist at the time of t | 3 | 1937–1945 |
In the Matter, Etc., of Estate of Weston
green
2 sentences1945(Matter of Weston, 91 N.Y. 502 , 511 ; Costello v. Costello, 209 N.Y. 252 , 261 , 103 N.E. 148 .) In determining whether the acts of a trustee have been prudent, within the meaning of the rule, we must 'look at the facts as they exist at the time of their occurrence, not aided or enlightened by those which subsequently take place' (per Peckham, J., in Purdy v. Lynch, 145 N.Y. 462 , 475 , 40 N.E. 232 , 236 ); for it is an obvious truth that 'a wisdom developed after an event and having it and its consequences as a source is a standard no man should be judged by' (per Collin, J., in Costello v. 1937R. 499, 502, 503: “* * * The just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management, as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs.’ (King v. Talbot, 40 N. Y. 76, 84, 85 .) The statement has been frequently approved. *379 (Matter of Weston, 91 N. Y. 502, 511 ; Costello v. Costello, 209 N. Y. 252, 261 , 103 N. E. 148 .) In determining whether the acts of a trustee have been prudent, within the meaning of the rule, we must ‘look at the facts'as they exist at the time of t | 3 | 1937–1945 |
St. Paul Trust Co. v. Strong
neutral
2 sentences1945Paul Trust Co. v. Strong, 85 Minn. 1 , 11 , 88 N.W. 256 , 260 ), unless (1) the trustee "has received compound interest" or (2) "he has received a profit which cannot be ascertained but is presumably at least equal to compound interest" or (3) "it was his duty to accumulate the income." Restatement, Trusts, § 207. 1945Paul Trust Co. v. Strong, 85 Minn. 1 , 11 , 88 N.W. 256 , 260 ), unless (1) the trustee "has received compound interest" or (2) "he has received a profit which cannot be ascertained but is presumably at least equal to compound interest" or (3) "it was his duty to accumulate the income." Restatement, Trusts, § 207. | 2 | 1945–1945 |
Bowden v. Citizens Loan & Trust Co.
neutral
2 sentences1942"The just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management [of the trust estate], as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs." In re Accounting of Fulton Trust Co. 257 N.Y. 132 , 136 , 177 N.E. 397 , 398 , 77 A.L.R. 499 , 502 ; In re Trust of Bowden, 194 Minn. 113 , 259 N.W. 815 ; Fortune v. First Trust Co. 200 Minn. 367 , 274 N.W. 524 , 112 A.L.R. 346 . 1942"The just and true rule is, that the trustee is bound to employ such diligence and such prudence in the care and management [of the trust estate], as in general, prudent men of discretion and intelligence in such matters, employ in their own like affairs." In re Accounting of Fulton Trust Co. 257 N.Y. 132 , 136 , 177 N.E. 397 , 398 , 77 A.L.R. 499 , 502 ; In re Trust of Bowden, 194 Minn. 113 , 259 N.W. 815 ; Fortune v. First Trust Co. 200 Minn. 367 , 274 N.W. 524 , 112 A.L.R. 346 . | 2 | 1942–1942 |
In Re Trusteeship Under Will of Van Derlip
neutral
2 sentences1942In the case of In re Trusteeship Under Will of Van Derlip, 202 Minn. 206 , 207 , 277 N.W. 909 , we held: "The words 'securities * * * whether "authorized securities" or otherwise,' as such words are used in * * * said will, are sufficiently broad to include, and do include, corporate stocks, both preferred and common." Especially helpful is Fairleigh v. Fidelity Nat. 1942In the case of In re Trusteeship Under Will of Van Derlip, 202 Minn. 206 , 207 , 277 N.W. 909 , we held: "The words 'securities * * * whether "authorized securities" or otherwise,' as such words are used in * * * said will, are sufficiently broad to include, and do include, corporate stocks, both preferred and common." Especially helpful is Fairleigh v. Fidelity Nat. | 1 | 1942–1942 |
Green v. Crapo
green
2 sentences1937J., in Green v. Crapo, 181 Mass. 55, 58 , 62 N. E. 956, 957 ). 1937J., in Green v. Crapo, 181 Mass. 55, 58 , 62 N. E. 956, 957 ). | 1 | 1937–1937 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.