Stephenson v. Stephenson
Supreme Court of Iowa
Appeal from Appanoose Ovreuit Gowrt. The proponents presented for probate the last will and testament of Robert Stephenson, Sen., deceased. The contestants admitted that Robert Stephenson signed the paper purporting to be his will, and that the same was properly witnessed, but they resisted the probate of the will on the ground that it was procured by fraud and undue influence, and that the testator was of unsound mind, and incapable of making a valid will.
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Appeal from Appanoose Ovreuit Gowrt. The proponents presented for probate the last will and testament of Robert Stephenson, Sen., deceased. The contestants admitted that Robert Stephenson signed the paper purporting to be his will, and that the same was properly witnessed, but they resisted the probate of the will on the ground that it was procured by fraud and undue influence, and that the testator was of unsound mind, and incapable of making a valid will. The issue was tried to a jury. The contestants claimed to have the burden of proof, which the court conceded. The jury returned a verdict…
1Opinion of the Court
Day, Ch. J.
I. The contestants produced as a witness Mrs. M. E. "Williams, one of the subscribing witnesses to the 1. will : subness: opinion deuce. will, and asked her the following questions: “ What was your understanding oí the purpose and object of making or writing out that will? At the time you signed,the will what did you suppose was the purpose of the writing and allowing the old doctor to sign it ? ” These questions were objected to as immaterial, irrelevant and-incompetent. The court ruled that the witness might answer the questions as explaining why she witnessed it, to which ruling…
2Cases cited3 opinions
- Webber v. SullivanSupreme Court of Iowa · 1882
- Bates v. BatesSupreme Court of Iowa · 1869
- In re the Will of CoffmanSupreme Court of Iowa · 1861
3Cited by25 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Manatt v. ScottSupreme Court of Iowa · 1898
- Johnson v. JohnsonSupreme Court of Iowa · 1907
- In Re Will Contest in the Estate of SoderlandSupreme Court of Iowa · 1947
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