Clavin v. Clavin’s Empirical Analysis
1977
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently October 2012 · most notably Coleman v. Coleman (1977), Kimble v. Kimble (1977)
26 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 Chapin v. Cummings · Ramsay v. Sims · McClain v. McClain · Golden v. Golden · Berry v. Berry
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“such provision is enforceable only when it has been agreed to by the father in the first instance. Generally, the duty of a father to support his children ceases upon his death. . . . [Cits.] The law does not require that a father provide for the support of his children after his death. [Cit.] Public policy, of course, favors the support of minor children by the father’s estate after his death. [Cits.] However, the fact remains that, despite this strong public policy, a father is not required by law to create an estate for his minor children. The same is true with respect to a divorced father and a child support decree. The decree merely replaces the father’s statutory duty of support. [Cit.] Absent some express, voluntary provision in the decree, the decree will not be enforced after the death of the father. [Cits.] Similarly, this court has held that a father is not required to settle an estate on his children in a divorce case. [Cits.] The rationale is that the law places no greater duty of support on a divorced father than on one who is not divorced.”
2 later decisions quote this exact passage“can be excised and a new trial is not required because of [it]. [Cit.] . . . Thus, the judgment will be affirmed in part and reversed in part with direction that the trial court modify its final decree to conform to this opinion. [Cit.]”
1 later decision quote this exact passagee.g. Gardner v. Gardner“is enforceable only when it has been agreed to by the father in the first instance.”
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.