Bailey v. Bailey’s Empirical Analysis
1970
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently September 2009 · most notably 71 Ill. 2d 563 - Kujawinski v. Kujawinski (1978), Sweeney v. Merchants National Bank (1972)
27 state decisions — followed in 11 states
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 Newman v. Burwell · Fessman Estate · Stone v. Bayley · Miller v. Miller · 55 Wash. 2d 454 - Scudder v. Scudder
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[SJhould not the obligation of the father’s estate run equally to all his children, not just those whom he is under a court order to support, but those who are living in his household or children by a subsequent marriage? Are the children he is ordered to support merely general creditors of his estate, or do they enjoy some priority? ... May the amount owed under a child support order be modified after the father’s death, and if so, does the child, the surviving parent, or the estate seek the modification? If modification is permitted, which court has jurisdiction the request [sic]? Is it the probate court, the court in which the decree was ordered, or the court in which the suit is brought seeking the modification? [A]re provisions for the child made by the father, such as life insurance, trust benefits, bequests, or intestate succession in addition to or a credit against the support obligation? Must the administration of the estate be kept open during the minority of the child, or should the sums found due for support be placed in a trust account or be paid over to the child’s guardian? Are benefits accruing to the child from the father’s death, such as social security payments, veterans benefits, pension plans, employee death benefits, in addition to or a credit against the support payments?”
1 later decision quote this exact passage““Instead, like the Washington court, ‘we are convinced that if a judicial decree is to be held to impose upon the father a greater duty of child support than that required by the common law, the decree must specifically state that such obligation is to survive the death of the obligor.’ Scudder v. Scudder, 55 Wash.2d 454 , 348 P.2d 225, 228 (1960).””
1 later decision quote this exact passage“Continuance of Alimony and Payments for Support of Minor Children after a Husband's Death”
1 later decision quote this exact passagee.g. Abrego v. Abrego
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.