Estate of Townsend v. Townsend
Supreme Court of Iowa
Appeal from Davis District Court. — Hon. E. W. Eichel-BERGER, Judge. This is a contest over the probate of the last will and testament of J. W. Townsend, deceased. The contestant, who is a granddaughter of the deceased, admits the execution of the will, and that the testator was of sound mind, but claims that he was unduly influenced to make it by the beneficiaries therein named, who are the widow and children of the deceased.
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Appeal from Davis District Court. — Hon. E. W. Eichel-BERGER, Judge. This is a contest over the probate of the last will and testament of J. W. Townsend, deceased. The contestant, who is a granddaughter of the deceased, admits the execution of the will, and that the testator was of sound mind, but claims that he was unduly influenced to make it by the beneficiaries therein named, who are the widow and children of the deceased. The alleged undue influence is denied by the proponents, who are the beneficiaries under the will; and on the issues thus joined the case was tried to a jury, resulting…
1Opinion of the CourtDeemer, C. J.
The will in question was executed by J. W. Townsend on the 9th day of June, 1896. It was drawn by attorneys who were employed for that purpose *248after consultation with the testator, and is a clear expression of his intent at that time. It is properly attested, and by its terms gives- the widow, Charity Townsend, all the exempt personal property, and a certain tract of land in Davis county, in lieu of her distributive share, and devises the remainder to his sixteen living children (naming them), share and share alike; providing that, if any of them should die leaving issue, his or her share…
2Cases cited4 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Furlong v. CarraherSupreme Court of Iowa · 1899
- Smith v. JamesSupreme Court of Iowa · 1887
- Ellis v. WarfieldSupreme Court of Iowa · 1891
3Cited by22 opinions
- In Re Estate of NewsonSupreme Court of Iowa · 1928
- Johnson v. JohnsonSupreme Court of Iowa · 1907
- Semler v. OertwigSupreme Court of Iowa · 1943
- In re Estate of La GrangeSupreme Court of Iowa · 1921
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
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