Hogan v. Stoepler’s Empirical Analysis
1935
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently May 1987
4 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 Hopf v. State · Perdue v. Perdue · Commonwealth Bonding & Casualty Ins. Co. v. Hollifield · Perdue v. Perdue · 54 Tex. Civ. App. 534 - Green v. Hewett
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A will is not a written instrument capable of being adduced in evidence in support of any pleading of recovery or defense until it has been admitted to probate. A plea of non est factum would clearly not be necessary if its probate was not alleged. And, if alleged, such a plea would not lie since its probate, if not void on its face, could not be attacked collaterally. It is manifest, therefore, that this article [Tex.Rev.Civ.Stat. art. 2010, subd. 8, now Rule 93(h)] has no bearing upon a proceeding brought to probate a will, the execution of which under requisite legal formalities is the only matter for adjudication, the burden of establishing all essential elements of which is imposed upon the proponent.” Hogan v. Steepler, supra.”
1 later decision quote this exact passage““An application to probate a will is not in any proper sense a pleading founded in whole or in part upon an instrument in writing. The proceeding is one in rem, the very purpose of which is to establish the genuineness, the validity, and the execution under the essential formalities of law of the instrument as the last will and testament of the testator.””
1 later decision quote this exact passage““Any person interested in an estate may, at any time before any issue in any proceeding is decided upon by the court, file opposition thereto in writing and shall be entitled to process for witnesses and evidence, and to be heard upon such opposition, as in other suits.””
1 later decision 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.