Hassell v. Frey’s Empirical Analysis
1938
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently July 1971 · most notably Simmons v. O'Connor (1941), Davis v. Corabi (1967)
27 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 Seay v. Cockrell · Andrews v. Spurlin
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.
““The -primary rule governing the construction of wills is to ascertain the intention of the testator. This intention should be, if possible, gathered from the instrument itself. In applying this rule it is well to keep in mind that a more liberal rule prevails in construing wills than in construing deeds. The reason for this distinction rests on the ground that a testator may not have had the same opportunity of legal advice in drawing a will as he would have had in executing a deed. Calvery v. Calvery, 122 Tex. 204 , 55 S.W.2d 527 ; 4 Kent Com., 216; Andrews v. Spurlin, 35 Ind. 262 ; Williams, Real Property (5th Ed.), 212; Brockschmidt v. Archer, 64 Ohio St. 502 , 60 N.E. 623 . For an exhaustive annotation of authorities on this point," see 29 L.R.A.,N.S., 1038. * •* * “In order to ascertain the intention of the testator expressed in a will, the language used therein may be construed in connection with the surrounding facts and circumstances existing at the time the will was made. If necessary, parol testimony may be heard to gather the true intention of the testator expressed in such will; and such intention, if legal, must prevail. Wallace et al. v. First National Bank of Paris, 120 Tex. 92 , 35 S.W.2d 1036 ; Federal Land Bank of Houston v. Little [ 130 Tex. 173 ] 107 S.W,2d 374 .””
1 later decision quote this exact passage · from the majoritye.g. Simmons v. O'Connor““The courts of this State are liberal in construing the words ‘heir’ and ‘heirs,’ or other similar terms, in order to carry out the intention of the testator.””
1 later decision quote this exact passage · from the majoritye.g. Simmons v. O'Connor
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.