Dye v. Young
Supreme Court of Iowa
Appeal from Lvrm Circuit Cowrt. A paper purporting to be the last will and testament of Joseph Dye, deceased, was presented to the Linn Circuit Court for probate.
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Appeal from Lvrm Circuit Cowrt. A paper purporting to be the last will and testament of Joseph Dye, deceased, was presented to the Linn Circuit Court for probate. Mary A. Logan and Lucinda D. Young, children, and "Warren H. Smith, a grand-child, of Joseph Dye, objected to the admission of the instrument to probate, on the ground that it was procured by undue influence of interested persons, and that Joseph Dye, at the time of the execution of the instrument, was not ef sound mind and memory. The question was submitted to a jury, and the following special verdict was returned: “1st. Was Joseph…
1Opinion of the CourtDay, J.
1. to : evideuce ¡ tin.duo influence, I. Joseph Dye, at the time of his death, was seventy-one years old. The will was executed on the day before he died, when he was physically very weak " i. •/ </ «/ and suffering great pain from his disease, which was an affection of the lungs. • The will bequeaths the home farm, consisting of two hundred acres, to Miranda Dye, his second wife, and to his two sons, Frank and Charles, who are minors. It gives to his two married daughters, Lucinda Young and Mary Logan, $400 each; to Cynthia G. Logan, $200; to George and Harlan Smith, and the heirs at law of…
2Cases cited1 opinion
- In re Will of AmesSupreme Court of Iowa · 1879
3Cited by12 opinions
- Manatt v. ScottSupreme Court of Iowa · 1898
- Fothergill v. FothergillSupreme Court of Iowa · 1905
- In re the Estate of GoldthorpSupreme Court of Iowa · 1895
- James v. FairallSupreme Court of Iowa · 1912
- Estate of Glass v. GlassSupreme Court of Iowa · 1905
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