In re the Will of Hulse
Supreme Court of Iowa
Appeal from Allamakee Circuit Court. A will of deceased, dated April 28, 1877, was presented for probate, which was resisted, and another will dated October 26, 1877, was presented as the latest disposition of intestate’s property. The cause was sent to a referee who found and so reported that the last will was invalid, for the reason that at the time of its execution the testate was not possessed of a sound mind.
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Appeal from Allamakee Circuit Court. A will of deceased, dated April 28, 1877, was presented for probate, which was resisted, and another will dated October 26, 1877, was presented as the latest disposition of intestate’s property. The cause was sent to a referee who found and so reported that the last will was invalid, for the reason that at the time of its execution the testate was not possessed of a sound mind. The will first executed was found by the referee to have been properly executed, and he recommended its admission to probate. The report of the referee was confirmed, and the will…
1Opinion of the Court
Beck, Ch. J.
i will- exeuoationtoUb" witnesses. — I. The referee found and reported the facts in regard to the execution of the will to be as follows. “ The evidence was all directed to the question raised by contestant’s objection that the will was not properly executed and published. From the evidence I find the facts to be that one or two days prior to the signing of said instrument, said Rachel Hulse requested one John S. Deremo to write her will, that in pursuance of said request said Deremo- gave directions to his daughter, in the presence of said testatrix, to write the will in form as…
2Cases cited1 opinion
- Lorieux v. KellerSupreme Court of Iowa · 1857
3Cited by16 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- In Re Klein's EstateSupreme Court of Iowa · 1950
- Allen v. GriffinWisconsin Supreme Court · 1887
- Scott v. HawkSupreme Court of Iowa · 1898
- Ransom v. SiglerSupreme Court of Iowa · 1917
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