Fothergill v. Fothergill
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. W. H. McHenry, Judge. This is au action brought to set aside the will of John Fothergill, deceased, upon the grounds of mental incapacity and undue influence. The. defendants are the executor and some' of the beneficiaries under the will. The case was tried to a jury, resulting in a verdict for plaintiffs, and defendahts Otto Fothergill, Francis and Septimus Fothergill, and Ellen Harris, appeal.
1Opinion of the CourtDeemer, J.
The deceased, John Fothergill, on the 8th day of September, 1897, made and executed what purported to be his last will and testament, in which he devised his property to a stepson, Henry A. Perrin, to his brothers, Thomas, Otto, Francis, and Septimus Fothergill, and to his sister, Ellen Harris. He also nominated Otto Fothergill as the executor of his will. He had prior to that executed another will in which he devised his property to his wife (then living) ; Robert (now dead, and the father of the plaintiffs), a brother; Henry A. Perrin, the stepson; to his brothers and sisters above named;…
2Cases cited10 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Betts v. BettsSupreme Court of Iowa · 1901
- In re Will of AmesSupreme Court of Iowa · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Estate of DolbeerCalifornia Supreme Court · 1908
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- In Re Estate of HellerSupreme Court of Iowa · 1943
- Gates v. ColeSupreme Court of Iowa · 1908
- In Re Will of RichardsonSupreme Court of Iowa · 1925
22 more not listed; retrieve them via the Exa API.