Watrous v. Watrous
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. Suit in equity by the devisees and executors of the estate of Sophia G. Watrous, deceased, to set aside a contract entered into between O. L. Watrous, now deceased, and Edtvard L. Watrous, by the terms of which it is claimed that C. L. Watrous, the husband of Sophia G. Watrous, deceased, elected to take a distributive share in the estate of his wife, and to charge an annuity thereon for the benefit of E. L. Watrous and…
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Appeal from Polk District Court. — W. H. McHenry, Judge. Suit in equity by the devisees and executors of the estate of Sophia G. Watrous, deceased, to set aside a contract entered into between O. L. Watrous, now deceased, and Edtvard L. Watrous, by the terms of which it is claimed that C. L. Watrous, the husband of Sophia G. Watrous, deceased, elected to take a distributive share in the estate of his wife, and to charge an annuity thereon for the benefit of E. L. Watrous and his wife, Agues. The reasons for setting aside the contract are: (1) Mental incompe- fency of O. L. Watrous; (2) fraud…
1Opinion of the CourtStevens, J.
i. wills : surviving spouse : attempt to aiscompelrefection. Sophia G. Watrous died testate in Des Moines, Iowa, April 30, 1914. x gpe left surviving her husband, C. L. Watrous, who has died since the trial of this case in the court below, and four children, to wit: Philip and Charles A., plaintiffs herein; Mrs. Marion Watrous Angelí, a daughter; and Edward L. Watrous, who, with his wife, Agnes, are parties defendant to this action. The following provisions of the will of Mrs. Watrous are material to this controversy:
“Paragraph I. I direct that my just debts and funeral expenses be first paid.
2Cases cited16 opinions
- Johnson v. PattersonSupreme Court of Connecticut · 1840
- In re Estate of SmithSupreme Court of Iowa · 1914
- Robertson v. SchardSupreme Court of Iowa · 1909
- E. B. Piekenbrock & Sons v. KnoerSupreme Court of Iowa · 1907
- Shields v. KeysSupreme Court of Iowa · 1868
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Boyer v. EmersonSupreme Court of Iowa · 1921
- Mead v. PhillipsCourt of Appeals for the D.C. Circuit · 1943
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- Hemmings v. Home Mutual InsuranceSupreme Court of Iowa · 1925
- Wheatley v. City of FairfieldSupreme Court of Iowa · 1936
19 more not listed; retrieve them via the Exa API.