Kirsher v. Kirsher
Supreme Court of Iowa
■Appeal from Polk District Court. — Hok. W. F. CoNRAD, Judge. • Peter Kirsher died in August, 1897, leaving a written instrument purporting to be his will.
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■Appeal from Polk District Court. — Hok. W. F. CoNRAD, Judge. • Peter Kirsher died in August, 1897, leaving a written instrument purporting to be his will. It was duly executed, and was probated as bis will on the 27th day of October, 1897. On the 31st day of August, 1898, this action was brought to set aside the probate proceedings, and to declare that said instrument was not the will of said Kirsher, because it was procured by fraud and undue influence, and because of his mental incapacity to make a valid will. It was also alleged that the instrument was not properly executed. The case was…
1Opinion of the CourtSherwiN, J.
The evidence is voluminous, and an attempt to set forth in detail sufficient thereof to show its trend in support of the adverse claims of the parties hereto would extend this opinion beyond any length profitable to the profession or to the parties. All of the parties to the action are children of the deceased — his wife having died before he did — and the testimony as to their father’s physical and mental condition during the period of his life material to the question before us is in conflict. We have given the entire record the care which the importance of the litigation demands, and reach…
2Cases cited13 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Denning v. ButcherSupreme Court of Iowa · 1894
- Winters v. WintersSupreme Court of Iowa · 1897
- Meeker v. MeekerSupreme Court of Iowa · 1888
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3Cited by36 opinions
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Gates v. ColeSupreme Court of Iowa · 1908
- Re Faling EstateOregon Supreme Court · 1924
- State v. McGruderSupreme Court of Iowa · 1904
- In re Estate of SmithSupreme Court of Iowa · 1914
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