Giese v. Gleeson’s Empirical Analysis
2002
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently January 2024
20 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 Matter of Estate of Peterson · Matter of Estate of Flaherty · Matter of Estate of Clark · Unser v. North Dakota Workers Compensation Bureau · Thomas Ex Rel. Schmidt v. Thomas
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether a personal representative breached a fiduciary duty is a question of fact. A trial court’s finding of fact will not be set aside unless it is clearly erroneous. A finding of fact is clearly erroneous if the finding is induced by an erroneous view of the law, if there is no evidence to support the finding, or if, after reviewing all evidence, we are left with a definite and firm conviction a mistake has been made. On appeal, a trial court’s findings of fact are presumed to be correct and the complaining party bears the burden of showing a finding is clearly erroneous.”
1 later decision quote this exact passagee.g. Vendsel v. Vendsel“a finding not required under the conservatorship statutes but required under the guardianship statutes; and (4) allowed the conservator limited authority over George's place of residence, a power only allowed under the guardianship statutes. We disagree. [¶ 14] Procedures outlined in our statutes for appointing a guardian and a conservator are very different; the bar for appointment of a guardian is higher than that for appointment of a conservator. The appointment of a guardian requires the participation of a physician or clinical psychologist, while a trial court”
1 later decision quote this exact passage“[t]he appointment of a conservator vests in the conservator title as trustee to all property of the protected person ..., [t]he appointment... is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation....”
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.