Hess v. Proffer’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “According to [the] well-established rule, a deed is to be construed as nearly as possible in harmony with the purpose of the grantor, to be determined from the terms of the instrument. It is the primary rule of construction of contracts, deeds and wills that they must be construed as a whole, giving effect to every part if it is fairly possible to do so, and thus determine the true intention of the parties. Accordingly, the intention of the grantor, as gathered from the four corners of the instrument, is now the pole star of construction. That intention may be expressed anywhere in the instrument, and in any words, the simpler and plainer the better, that will impart it; and the court will enforce it no matter in what part of the instrument it is found.”

   1 later decision quote this exact passage
   e.g. Ogg v. Mediacom, L.L.C.

2. “'[t]he law favors vested estates, and the rule is that estates shall be held to vest at the earliest possible period, unless a contrary intention is clearly manifested in the grant.' " Hess v. Proffer , 87 S.W.3d 432 , 436 (Mo. App. 2002) (quoting Tindall v. Tindall , 167 Mo. 218 , 66 S.W. 1092 , 1094 (1902) ). Furthermore, "a beneficiary's interest can vest prior to disbursement of the assets.”

   1 later decision quote this exact passage
   e.g. Simon v. Myers

3. “'in grants creating remainders are construed, absent a contrary intention, to relate to the commencement of the remainderman's enjoyment and possession of[,] and not the vesting of his title to[,] the property.'”

   1 later decision quote this exact passage
   e.g. Simon v. Myers