In re the Estate of Wells
Supreme Court of Iowa
Appeal from Grundy District Court. — Hon. Franklin O. Platt, Judge. George Wells died in 1906. Shortly afterwards a paper dated June 5, 1902, purporting to.be his last will, was filed for probate. Thereupon Martha Comstock, Kate M. Wheelock and George W. Murray presented a will of prior date and contested the first-mentioned will on the ground that deceased was of unsound mind when he signed it.
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Appeal from Grundy District Court. — Hon. Franklin O. Platt, Judge. George Wells died in 1906. Shortly afterwards a paper dated June 5, 1902, purporting to.be his last will, was filed for probate. Thereupon Martha Comstock, Kate M. Wheelock and George W. Murray presented a will of prior date and contested the first-mentioned will on the ground that deceased was of unsound mind when he signed it. Pending this contest, and on April 22, 1907, a compromise was tentatively effected, by the terms of which the contestants agreed to withdraw the objections to the last will and allow it to be admitted…
1Opinion of the CourtLadd, J.
The last will of the testate admitted to probate in pursuance of tire stipulation provided a legacy of $50,000 for his deceased wife’s sister, Martha Com-stock, and nominated her to be appointed executrix of his estate. Save this the entire estate was given to his heirs. By the terms of the earlier will, the entire estate was left to his wife, who departed this life some twelve years before he did, leaving as her only heirs her said sister and Kate M. Wheelock and George W. Murray, children of another sister. These heirs of the deceased wife contested the last will on the ground, as was…
2Cases cited11 opinions
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- In Re the Estate of WesturnNew York Court of Appeals · 1897
- Winters v. WintersSupreme Court of Iowa · 1897
- Ferry v. CampbellSupreme Court of Iowa · 1900
- In re the Estate of StoneSupreme Court of Iowa · 1906
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3Cited by18 opinions
- Lyeth v. HoeySupreme Court of the United States · 1938
- Schoonover v. OsborneSupreme Court of Iowa · 1920
- Coomes v. FineganSupreme Court of Iowa · 1943
- In Re Cress'estateMichigan Supreme Court · 1953
- Cochran's Ex'or and Trustee v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
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