Clanton v. Criteser’s Empirical Analysis

Citation profile

40 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Next, it is argued that the guardian waived his recourse against the estate of Ms ward because he failed to present any claim. . . . While it is true that the relation of guardian or administrator to the ward, the heirs, and the estate is one of contractual nature (Estate of Kincaid, 120 Cal. 205 [ 52 Pac. 492 ]), and that a liability of one to the other growing out of such a relation is a contractual liability, it does not follow that unless a claim against the estate of the deceased be filed, the guardian of the incompetent waives all recourse. The guardian is not asking a personal judgment. He could not obtain one if he were. (Estate of Boyes, 151 Cal. 151 [ 90 Pac. 454 ]; Estate of Kincaid, supra.) All that he can obtain on the settlement of such account is an order declaring his claim for overpayment a charge against the estate of the ward and directing its payment out of any moneys on hand belonging to the ward. That he has a right to have such charge or lien declared is settled (Estate of Moore, 96 Cal. 530 [ 31 Pac. 584 ] ; Finnerty v. Pennie, 100 Cal. 407 [ 34 Pac. 869 ] ; Estate of Boyes, supra). This being the 'case, he has the further right, under section 1500 of the Code of Civil Procedure, to obtain this relief in the proceeding for the accounting, without having filed or presented a claim against the estate. ... In Rogers v. Schlotterback, 167 Cal. 52 [ 138 Pac. 728 ], it was held that property impressed with a trust or that property’s equivalent in a new form”

   1 later decision quote this exact passage
   e.g. Estate of Schluter