Monds v. Dugger’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “authorize and direct the legal guardian of such incompetent to make provision or payment from the personal estate of such incompetent for the care, support and well being of the children, wife or husband, father and/or mother, brothers and sisters, or the child or children of any deceased brother, or sister, preference being given by the court to the dependents of the incompetent in the order here in set out; provided, that in cases other than that of the child or children or wife of the incompetent, it must be shown by competent and satisfactory proof that the person of any other class mentioned, making application for an allowance, was dependent on the: said incompetent for support and maintenance prior to the- time the said incompetent became mentally disabled, or was, at the time of the application for such provision or payment, actually dependent, and has a legal or moral right to claim support from the incompetent were he in the full possession of his faculties;' and provided, further, that-in making the award in favor of such dependent or dependents the court shall take into consideration the situation, amount and value .of the personal estate of the incompetent at the time of making the award, and any probable increase or decrease thereof, in the future; the age and condition, physical, financial or otherwise, of the child, wife or husband, father or mother, brother or sister, or other person claiming dependency, and see to it that an ample portion of the incompetent’”

   1 later decision quote this exact passage · from the majority
   e.g. In re The Conservatorship of Cody Lee Wade

2. ““In Lewis v. Moody, supra, 149 Tenn. 687 , 261 S. W. [673], 674 we said that, £In England, where the Lord Chancellor acts as the personal delegate of the king, and in some of our states, where such powers are assumed by the chancery court, an allowance out of the income of a lunatic for the benefit of persons whom he is not legally obligated to support is sometimes made. This is done upon the theory that the court in so acting is doing what the lunatic himself would have done, had he not lost his faculties. ’ “Prior to the Act of 1927 this jurisdiction was lacking in our chancery court, but we think it was the intention of the Legislature to confer such jurisdiction by the statute in question. This is to say, the statute gave to the court the old delegated power possessed by the Lord Chancellor with respect to the estate of lunatics — the power of the court to assume the place of the lunatic, to act for the lunatic with respect to his property, and the statute accorded to such action of the court the same effect as would have been given to an act of the incompetent person had he been in his right mind. ‘ ‘ Since in a case of this sort the Court acts in the incompetent’s stead, an appropriation of the incompetent’s estate is equivalent to a voluntary appropriation of that estate by a person of sound mind. Such an appropriation, as though voluntary, is not a taking of property contrary to the constitutional provisions named.””

   1 later decision quote this exact passage · from the majority
   e.g. Tate v. Tate