Womack v. Horsley
Supreme Court of Iowa
Appeal from Fremont District Court. — O. D. Wheeler, Judge. Original action to set aside the probate of the will of John Horsley, deceased. The only ground of attack submitted to the jury was mental incapacity. There was a verdict for the contestants. The proponent appeals.
1Opinion of the CourtEvans, C. J.
lm mentaryoa^acof ¿competency overcoming direct evidence of competency. I. John Horsley died October 7, 1912, in Fremont County. He had been a long-time resident there. He left a considerable estate, consisting mainly of 1,100 acres of land. At the time of his death, he was 85 years of age. He had been twice married, and left surviving him his widow, the proponent of the will. lie had never had children. He was survived by a number of nephews and nieces as the only heirs at. law, and these are the only contestants. Until the time of his last illness, he was a man who attended to his own…
2Cases cited3 opinions
- Speer v. SpeerSupreme Court of Iowa · 1909
- Convey v. MurphySupreme Court of Iowa · 1910
- Hingst v. JonesSupreme Court of Iowa · 1914
3Cited by10 opinions
- Corkery v. GreenbergSupreme Court of Iowa · 1962
- Johnson v. KinneySupreme Court of Iowa · 1942
- In Re Will of RichardsonSupreme Court of Iowa · 1925
- Gillette v. CableSupreme Court of Iowa · 1956
- Bishop v. ScharfSupreme Court of Iowa · 1932
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