Hess v. Hess’s Empirical Analysis
1908
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently January 1997
10 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 Southern Railway Co. v. Glenn's Administrator · Whitehead v. Bradley · Gayle v. Hayes' Adm'r · Grant v. Millaudon · Harkrader v. Bonham
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 2604 of the Code provides that “no disbursements shall be allowed to any guardian, where the deed or will under which the estate is derived does not authorize it, beyond the annual income of the ward’s estate,” except in case of certain exceptions which do not arise here. Section 2605, after dealing with the disbursement of personal estate, says: “but neither the ward personally, nor his real estate, shall be liable for such disbursements.” A like rule prevails with respect to the sale of lands under the control of the committee of an insane person. Code, sections 1702, 1703. These are salutary provisions for. the protection of the real estate of those under disability, and they cannot be violated with impunity. The strict observance of these statutes is regarded of such importance that this court has repeatedly declined to ratify sales or any other disposition made of a ward’s real estate by the guardian without the authority of the court previously obtained. The jurisdiction of the circuit courts to authorize the application of the proceeds of the corpus of infants’ real estate to their maintenance is altogether statutory, and according to the statute (which, as this court has said, must be strictly construed), such authority must be given, if at all, before and not after the expenditure has been made.”
1 later decision quote this exact passage · from the majoritye.g. Papciak v. Torres
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.