McCoy v. Ferguson’s Empirical Analysis
1933
Citation profile
3 federal appellate · 31 state decisions
How this case has been cited
Cited by 36 later decisions — most recently April 1985 · most notably Moore v. Louisville & Nashville Railroad (1955), Smith v. Clark (1952)
3 federal appellate · 31 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 Black v. Noel's Administratrix · Williamson v. Williamson · Arnold v. Cocanaugher · Weisiger v. McDonald · McClain v. McClain
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A judicial sale of the land was a conversion of the real estate into personalty. The proceeds in the hands of the guardians, from the moment he received them until the death of the ward, were, and continued to be, personal property as between him and his ward, within the meaning of section 2015, Ky.St., et seq. At the death of the ward, only for the purpose of descent and distribution, the proceeds are regarded by the law as real estate. * * * * * * “Subsection 6 of section 494 of the Civil Code of Practice provides that real estate owned by persons under disability, such as infancy, unsound mind, or an adult married woman, when sold under the provisions of chapter 14 of the Civil Code of Practice, when such owner shall die without issue, without having received the proceeds, the person who would have been entitled to the property, if it had not been sold, shall be entitled to the proceeds, or the property in which they have been invested. Weisiger v. McDonald, 116 Ky. 862 , 76 S.W. 1080 , 81 S.W. 687 , 76 S.W. 507 , 25 Ky.Law Rep. 1053, 26 Ky.Law Rep. 416; Terrell v. Maupin, 83 S.W. 591 , 26 Ky.Law Rep. 1203. While the provisions of the section do not embrace sales of land of an infant who dies in infancy, without issue, when not made under the provisions of chapter 14, Civil Code of Practice, before the proceeds have been disposed of by his guardian in the exercise of the power and in the discharge of the duties imposed upon him by section 2027, Ky.St., et seq., yet this C”
1 later decision quote this exact passagee.g. Maess v. Greenfield““Ordinarily a guardian may not exceed the income of the ward’s personal estate, and it is better always to consult the chancellor before making expenditures out of the principal of the personal estate, but if the expenditures are for such necessaries as the court would authorize to be incurred, if application is made therefor in advance of the payment the fact that application was not made in advance does not deprive the guardian of credit therefor if. the payment thereof would have been approved by the chancellor in advance of the incurring’ of such expenses.*’”
1 later decision quote this exact passagee.g. Morris v. Brady
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.