In Re Bohnstedt’s Empirical Analysis
1956
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently December 2007
6 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 In re Reeves · Frew's Estate · State of Arizona v. Greenhaw · In re the Estate of Colvin · Poole v. Newark Trust Co.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"§ 3701. Jurisdiction to appoint trustees for mentally ill persons. "The Court of Chancery shall have the care of mentally ill persons above the age of 21 years, so far as to appoint trustees for such persons to take charge of them and manage their estates." * * * * * * "§ 3705. Powers of trustee "A trustee may, in the name of the mentally ill person, do whatever is necessary for the care, preservation and increase of his estate."”
2 later decisions quote this exact passagee.g. In re duPont · In Re duPont““A trustee may, in the name of the mentally ill person, do whatever is necessary for the care, preservation and increase of his estate.””
2 later decisions quote this exact passagee.g. In re duPont · In Re duPont““The text writers and almost but not all of the Courts which have considered our problem have concluded that after the death of the mentally ill person the trustee, absent statutory authority, has no power to pay existing obligations. The creditors must file their claims in the estate proceedings. See In Re Estate of Colvin, 3 Md.Ch. 278; Norton v. Strong, 1 Conn. 65 (published 1848); Hyden v. Wilkinson, 187 Okl. 348 , 102 P.2d 877 ; Compare In re Frew’s Estate, 340 Pa. 89 , 16 A.2d 26 ; Woerner’s American Law of Guardianship, § 150; 25 American Jur. Guardian and Ward, § 53; 39 C.J.S. Guardian and Ward § 41. “While various reasons have been advanced for the conclusion that a trustee may not pay outstanding obligations once the mentally ill person has died, I believe the basic reason for the rule is that absent statutory power the trustee’s power arises from and is dependent upon the existence of the mentally ill person. Once that person dies the statutory scheme applicable to decedents’ estates comes into play.””
1 later decision quote this exact passagee.g. Maess v. Greenfield
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.