88 N.C. App. 285 - McLean v. McLean’s Empirical Analysis
1987
Citation profile
20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently September 2011
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 White v. White · 72 N.C. App. 372 - Wade v. Wade · Wade v. Wade · Sides v. Duke University · 81 N.C. App. 159 - Lawing v. Lawing
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[defendant presented evidence showing the source of his separate funds and their application to the Camp Branch Road property and the office building. He also elicited testimony from plaintiff that she did not want to be awarded anything from defendant’s inheritance. Whether defendant succeeded in rebutting the presumption of gift to the marital estate by clear, cogent, and convincing evidence is a matter left to the trial court’s discretion. Defendant’s evidence “may be clear and cogent, but evidently it was not convincing to the trial court.” Draughon v. Draughon, 82 N.C. App. 738, 739 , 347 S.E.2d 871, 872 (1986), cert. denied, 319 N.C. 103 , 353 S.E.2d 107 (1987). There is some competent evidence to support the trial court’s findings; therefore, its rulings will not be disturbed on appeal. Lawing v. Lawing, 81 N.C. App. 159 , 344 S.E.2d 100 (1986)----”
2 later decisions quote this exact passage““Separate property” means all real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift during the course of the marriage. However, property acquired by gift from the other spouse during the course of the marriage shall be considered separate property only if such an intention is stated in the conveyance. Property acquired in exchange for separate property shall remain separate property regardless of whether the title is in the name of the husband or wife or both and shall not be considered to be marital property unless a contrary intention is expressly stated in the conveyance.”
1 later decision quote this exact passagee.g. McLean v. McLean
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.