Hodges v. . Stewart’s Empirical Analysis

Citation profile

36 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The only difference between this case and Hodges lies in the words ‘immediately surrounding.’ These fix no beginning point or boundary, however. They do not indicate how the 30 acres are to be separated from the other land, except by mathematical speculation. They are thus too vague and indefinite ‘to admit of parol evidence to support them.’ Id. Therefore, the trial court erred in implicitly ruling, as it must have to consider defendant’s parol evidence, that the devise was only latently ambiguous. A fortiori, the summary judgment based thereon also constituted error.”

   2 later decisions quote this exact passage
   e.g. Stephenson v. Rowe · Stephenson v. Rowe

2. “[A]n attempted invalid devise, one which the law decrees void, affords no legal evidence of an intention in the testator to devise. The court cannot make a will for the testator nor add to the valid portions of his will provisions which are not therein expressed. Having stricken down the devise as void, the court will not resurrect it and give it vitality in order to effectuate a purpose not expressed in the will.”

   2 later decisions quote this exact passage
   e.g. White v. Wachovia Bank & Trust Co. · Stephenson v. Rowe