Vaell v. Stephens’s Empirical Analysis
1958
Citation profile
4
cited by 4 later decisions
2
states following
February 2002
most recently cited
4 state decisions
Relationships
Relies on 37 Cal. 2d 239 - Guardianship of Walters · Curatorship of Parks · East Paterson v. Karkus · Mitchell v. Mitchell · Sacks v. Superior Court
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As stated in the annotation on the Uniform Veterans' Guardianship Act found in 173 A.L.R., 1061 , at page 1080: "While the sections of the uniform act concerning the disposition of the 'income' and the 'estate' of the ward seem broad enough to include all income or estate, these provisions must be limited by the definitions of terms contained in section 1 of the original and revised acts. This view is strengthened by the facts that the original act requires an accounting only for moneys received from the Veterans' Bureau, that the revised act requires an accounting of moneys thus received and 'earnings, interest or profits derived therefrom and all property acquired therewith," and that the revised act also provides that where a guardian is accountable for property derived from other sources, the general laws of the state shall govern the accounting, and he shall not be limited to the compensation provided by the uniform act with respect to the management of such other property, although he may combine his accountings for both types of property in a single account or report." At pages 1077-1078; "The effect of the appointment of a guardian under the uniform act is very limited as compared with the effect of an appointment under the general laws.... Accordingly, the appointment of a guardian under the uniform act has been held not to affect the legal capacity of the ward with respect to various matters other than the administration of property received from the United States u”
1 later decision quote this exact passage“What definition of 'incompetent' is applied by the Veterans' Administration, in determining whether or not the condition of a hospital patient requires that a guardian be appointed to receive and disburse for him such benefits as he may be entitled to is not shown by the record. But, upon the issuance of the certificate by the Director or his authorized representative 'setting forth the fact that such person has been rated incompetent,' etc., the court of ordinary may, upon a petition filed, appoint a guardian to handle the benefits due such person by the federal government. Except as to the relationship thus created for the special purpose named, it does not follow that the ward is not sui juris, and, with respect to his other property and purposes, entitled to assert for himself his full legal rights in and out of court.”
1 later decision quote this exact passage“Although it has been held that the uniform act is broad enough to authorize a decree giving a guardian control of all the ward's property, the better view is that the act deals only with property derived from the Veterans' Administration and the income of property acquired in whole or in part therewith”
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.