Given v. Hilton’s Empirical Analysis
95 U.S. 591 · 1877
Citation profile
16 federal appellate · 45 state decisions
How this case has been cited
Cited by 73 later decisions (5 by the Supreme Court) — most recently April 1991 · most notably Hardenbergh v. Ray (1894), Hannah Fitchie v. Cecil Brown O (1908)
16 federal appellate · 45 state decisions — followed in 18 states
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 Vernon v. . Vernon
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * '* * ‘where certain things are enumerated, and a more general description is coupled with the enumeration, that description is commonly understood to cover only things ejusdem generis with the particular things mentioned * * * because it is pre sumed the testator had only things of that class in mind; but this rule of construction rests on a mere presumption, easily rebutted by anything that . shows the larger subject was in fact in the testator’s view,’ * *”
2 later decisions quote this exact passage · from the majority““In the present case it is quite plain the testator had in mind all his estate, whether realty or personalty, when he made the disposition of the residue. Indeed, he must have had his real estate, or the proceeds of its sale, mainly in view, for, as we have said, he knew that his personal estate would be exhausted by the payment of debts and prior legacies. ’’ Another rule would “keep the word of promise to our ear and break it to our hope.””
1 later decision quote this exact passage · from the majority“the law prefers a construction, which will prevent a partial intestacy to one that will permit it, if such a construction may be reasonably given, ( Vernon v. Vernon, 53 N. Y. 351 ,) and certainly when, as in this case, the intent to make a complete disposition of all the testator’s property is manifest throughout his will, its provisions should be so construed, if they reasonably may be, as to carry into effect his general intent.”
1 later decision quote this exact passage · from the majoritye.g. Hardenbergh v. Ray
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.