Wooster School Corp. v. Hammerer’s Empirical Analysis
1982
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently October 2018
6 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 41 Wash. 2d 916 - Mary Bridge Hospital, Inc. v. Van Vlack · In Re Mollard's Estate · In Re Estate of Bateman · 229 So. 2d 633 - Guilliams v. First National Bank of Leesburg
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Certainly, a third party who prevents performance of a condition precedent should not be allowed to rely on nonperformance where that party (as in Mollard) stands to gain by preventing the performance; but we do not believe that excusing nonperformance should be restricted to cases in which the third party preventing perform anee is one who stands to gain by his act. There is respectable authority for a less restrictive exception which would excuse nonperformance caused by a third party whether the third party stands to gain thereby or not. See Annot.: Will—Condition—Impossibility, 39 A.L. R.2d 522, § 7[a].””
2 later decisions quote this exact passage“But where it becomes impossible for the condition to be performed without the fault of the donee, performance should be excused unless it be determined that performance of the condition was the controlling motive for the testator's making of the bequest. [Citation.] The determining inquiry should be whether the testator's intent in making a bequest was to benefit the donee or to obtain strict performance of some important act in any and all events, with the donee being paid, by way of the bequest, for performing the act.”
1 later decision quote this exact passagee.g. Schwan v. Permann“Hammerer had worked for [grantor] for some seven years, caring for her every need. As a result, she had showered many gifts upon Hammerer and his family. She had given him money, educated his children, and helped him purchase a home, among other things. She apparently had no relatives who were as close to her as Hammerer. ... Thus, the implicit finding of the court that [grantor] intended the gift to vest even if the condition precedent was not performed through no fault of Hammerer is supported by the record.”
1 later decision quote this exact passagee.g. Schwan v. Permann
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.