Betts v. Betts
Supreme Court of Iowa
Appeal from Polk District Oourt. — Hon. C. P. Holmes, Judge. Plaintiffs are proponents of tbe last will and a codicil thereto, of Jeremiah J. Betts. Defendant filed objections to the probate of both will and codicil on two grounds: (1) That the testator was of unsound mind at the time both instruments were executed, to such an extent as deprived him of testamentary capacity; (2) undue influence. There was a jury trial, which resulted in a verdict in favor of contestant.
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Appeal from Polk District Oourt. — Hon. C. P. Holmes, Judge. Plaintiffs are proponents of tbe last will and a codicil thereto, of Jeremiah J. Betts. Defendant filed objections to the probate of both will and codicil on two grounds: (1) That the testator was of unsound mind at the time both instruments were executed, to such an extent as deprived him of testamentary capacity; (2) undue influence. There was a jury trial, which resulted in a verdict in favor of contestant. Proponents appeal.
1Opinion of the CourtWaterman, J.
1 The parties to this action are children of Jeremiah J. Betts. The will of the latter, which is attacked, was executed on December 9, 1896, and, after giving absolutely to the wife of testator the personal property which in testator’s hands would be exempt from execution, and also a life estate in all real estate, devises the remainder in equal shares to his children, except the contestant, to whom is given the sum of $100, as his full share of the estate. The codicil, which is also contested, was executed some four months later, and simply revokes the legacy of $100 to-contestant, and…
2Cases cited7 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
- Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898
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3Cited by27 opinions
- In Re the Estate of ArnoldCalifornia Supreme Court · 1905
- Zinkula v. ZinkulaSupreme Court of Iowa · 1915
- State v. McGruderSupreme Court of Iowa · 1904
- Noyes v. Des Moines ClubSupreme Court of Iowa · 1916
- Mileham v. MontagneSupreme Court of Iowa · 1910
22 more not listed; retrieve them via the Exa API.