In re Will of Donnely
Supreme Court of Iowa
Appeal from Cedar Circuit Court. On the twenty-second day of February, 1884-, an instrument in writing purporting to be the last will of Rosa J. Donnely was filed with the clerk of the circuit court. By this instrument the whole of the estate of the testatrix, except a trifling bequest to each of her three brothers, was devised to James Donnely, her husband.
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Appeal from Cedar Circuit Court. On the twenty-second day of February, 1884-, an instrument in writing purporting to be the last will of Rosa J. Donnely was filed with the clerk of the circuit court. By this instrument the whole of the estate of the testatrix, except a trifling bequest to each of her three brothers, was devised to James Donnely, her husband. At the time fixed for the hearing, the mother and brothers of the testatrix appeared, and contested the proving of the will, on the grounds ■ — -First, that at the time the will purports to have been executed the said Rosa J. Donnely was…
1Opinion of the CourtReed, J.
1. will: procieney£f)£evn peaí¡e ou I. The cause is not triable de novo in this court. Sisters of Visitation v. Glass, 45 Iowa, 154; Ross v. McQuiston, Id., 145. The order admitting the will to probate necessarily implies that the court found that the testatrix was of sound and disposing mind and memory when she executed the instrument This finding has the force and effect of a verdict by a jury, and, under the well-settled rule prevailing in this court, we would not be justified in disturbing it unless it appears tobe so manifestly against the weight of evidence as to justify the belief that…
2Cases cited1 opinion
- Sisters of Visitation v. GlassSupreme Court of Iowa · 1876
3Cited by6 opinions
- Estate of CarsonCalifornia Supreme Court · 1920
- Johnson v. JohnsonNebraska Supreme Court · 1917
- In Re Estate of MathewsSupreme Court of Iowa · 1943
- Parker v. OliverSupreme Court of Rhode Island · 1932
- Martindale v. BridgforthSupreme Court of Alabama · 1924
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