136 N.C. App. 183 - Hixson v. Krebs’s Empirical Analysis
1999
Citation profile
2
cited by 2 later decisions
1
states following
September 2003
most recently cited
2 state decisions
Relationships
Relies on Pratt v. Bishop · Wood v. J. P. Stevens & Co. · Servomation Corp. v. Hickory Construction Co. · Williford v. Williford · Newlin v. Gill, State Treasurer
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The most frequently approved definition is that abandonment imports any wilful or intentional conduct on the part of the parent which evinces a settled purpose to forego all parental duties and relinquish all parental claims to the child. Wilful intent is an integral part of abandonment and this is a question of fact to be determined from the evidence. .... Abandonment has also been defined as wilful neglect and refusal to perform the natural and legal obligations of parental care and support. It has been held that if a parent withholds his presence, his love, his care, the opportunity to display filial affection, and wilfully neglects to lend support and maintenance, such parent relinquishes all parental claims and abandons the child. .... Abandonment requires a wilful intent to escape parental responsibility and conduct in effectuation of such intent.”
1 later decision quote this exact passage“Any parent who has wilfully abandoned the care and maintenance of his or her child shall lose all right to intestate succession in any part of the child's estate and all right to administer the estate of the child, except (1) Where the abandoning parent resumed its care and maintenance at least one year prior to the death of the child and continued the same until its death; or (2) Where a parent has been deprived of the custody of his or her child under an order of a court of competent jurisdiction and the parent has substantially complied with all orders of the court requiring contribution to the support of the child.”
1 later decision quote this exact passage
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.