Gott v. Culp’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It seems to have been assumed that the proceeding-in the probate court was one which, when removed into the circuit court, would become substantially a common-law controversy. This is a great mistake, and the statute has been misconstrued. A guardian’s accounting is an equitable and not a legal proceeding. It involves not merely the ordinary items of debit and credit, but also considerations as to the propriety of charges and investments and as to the allowance of compensation, with which a jury cannot meddle.””

   2 later decisions quote this exact passage
   e.g. In Re Quinney's Estate · Homrich v. Allegan Circuit Judge

2. ““A guardian whose ward’s estate is sufficient to furnish an income that will with economy maintain and educate her suitably should not exceed it without adequate reason. But in this country, while it is prudent to obtain leave in advance, it is not necessary, if circumstances justify the excess. But the rule is always to be applied with some discretion. The guardian is justified by the authorities in looking, not merely at present and actual income, but at. future and probable resources. If the income is • narrow, he should also look to the future welfare and standing of his ward, which may in his eyes, as in those of a judicious parent, render it wise to secure desirable results by a sufficient outlay. In many, if not in most, cases in this country, it is not possible to secure a regular and reliable revenue, which will' not at times fail or be delayed; and when the infant’s property is too small for the income to furnish reasonable nurture and support, the principal must necessarily be drawn upon. ””

   1 later decision quote this exact passage
   e.g. In re Hoga's Estate

3. “The matter is one left to the consideration of the court passing the accounts, and the amount has nothing to do with the account as an item of it at all, and cannot in any case be considered by the jury. *Page 195”

   1 later decision quote this exact passage
   e.g. In Re Horn Estates