Pullen v. Russ’s Empirical Analysis
1950
Citation profile
20 state decisions
How this case has been cited
Cited by 21 later decisions — most recently August 1999
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 Nye v. Bradford · Wright v. Traders & General Insurance · Clarendon Land Investment Agency Co. v. McClelland Bros. · Howell v. Howell · Plemmons v. Pemberton
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We overrule appellees' contention that the two wills are sufficient, by themselves, to show that they were executed pursuant to such a contract. Except for the seventh paragraph, which we shall discuss, the wills themselves show no more than the facts that they are similar and were executed at the same time. Except for the seventh paragraph, the wills do not respectively purport to dispose of the entire estate of both parties, but only that of the testator, nor does either will purport to dispose of the estate held by the survivor at his death. Nye v. Bradford, 144 Tex. 618 , 193 S.W.2d 165 , 169 A.L.R. 1 ; Wagnon v. Wagnon, Tex.Civ.App., 16 S.W.2d 366 , writ ref.; Curtis v. Aycock, Tex.Civ. App., 179 S.W.2d 843 , writ ref., w. o. m. * * * The recital that the other spouse was executing a similar will did not make the wills contractual, because it was no more than the statement of a fact which, under the decided cases, was not enough to make the wills contractual. "But the similarity of the wills and the fact of execution at the same time and place and before the same witnesses are facts which may be considered along with other evidence in determining whether or not the wills were executed pursuant to an agreement. Also, evidence of declarations of the testator (in this case Mr. Russ) is admissible to prove such fact. Nye v. Bradford, supra, and other authorities there cited, including particularly Plemmons v. Pemberton, 346 Mo. 45 , 139 S.W.2d 910 . McClure v. Bailey, Tex.C”
2 later decisions 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.