Zimmerman v. Hafer’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the deed had been sustained, Zimmerman would have held title under it and not under the will. Clearly he could not have held the same estate under both the deed and the will at the same time. If the deed had prevailed he would then have held under it, and it only, because it would then have conveyed the grantor’s entire interest to the grantee, being ostensibly a deed in fee-simple. If it had effectively conveyed a fee, then it would have divested the grantor’s whole interest in the property, and having been executed prior to the will, there would have been no estate left in the grantor for the will to operate upon.””

   2 later decisions quote this exact passage · from the majority
   e.g. White v. Chellew · White v. Chellew

2. ““ * * * Just as he has written his will, it must stand. What he meant to say must be gathered from what he did say therein as viewed from the standpoint that he then occupied; and what he did say in the will itself, and not what he previously declared, no matter how unequivocal its import may be, must solve the question before us. In construing a will, effect is undoubtedly to be given to the intention of the testator if that can be done without violating any legal principle. But to what intention must effect be given? That manifested in some other paper not made a part of the will, or that disclosed on the face of the will? If to the latter, as is incontestably the case, then there must be apparent on the will itself an intention to do something by the will; and, if the will does not undertake or purport to do a particular thing, — to make a particular devise, — then, no matter how plainly it may appear by some other paper that it was designed title should pass to certain property, the will cannot be held to pass that title in the absence of apt words to carry it, or in the absence of a clear intent that title should pass, not by the other paper, but by the will. * * * ””

   1 later decision quote this exact passage · from the majority
   e.g. Huffman v. Huffman

3. ““Whereas, I have this day made and executed a deed conveying to J. Monroe Zimmerman the farm whereon I now reside, I do hereby give and bequeath unto him, the said James Monroe Zimmerman, all my personal property of whatever description and wheresoever situate.” “I thus give to the said J. Monroe Zimmerman, all mv property and estate because he is married to my niece, and I have been living with them for many years, and have a high regard and affection for them, and desire that they shall enjoy the same to the exclusion of my other relations.””

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Smith