Legal Opinion

Pelamourges v. Clark

Supreme Court of Iowa

Decided April 22, 1859PublishedCited by 38 opinions

Appeal from Scott District Court. Probate oe a Will. On the 20th day of November, 1850, James McCarthy made a will, by which, after giving and bequeathing to Ann Clark, Rebecca Gibson, and Sarah Conlain, (his sisters,) each the sum of one hundred dollars, he made the following disposition of his real estate: “ I give and bequeath, and by these presents do give and bequeath to the Right Reverend Catholic Bishop of Dubuque, State of Iowa, and to his successors forever, all the…

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Appeal from Scott District Court. Probate oe a Will. On the 20th day of November, 1850, James McCarthy made a will, by which, after giving and bequeathing to Ann Clark, Rebecca Gibson, and Sarah Conlain, (his sisters,) each the sum of one hundred dollars, he made the following disposition of his real estate: “ I give and bequeath, and by these presents do give and bequeath to the Right Reverend Catholic Bishop of Dubuque, State of Iowa, and to his successors forever, all the real estate that now belongs to me, or am possessed of, (after deducting from the same the aforesaid legacies to my…

1Opinion of the Court

Stockton, J.1

We shall examine the questions raised in this case in the order in which they are presented by the assignment of errors.

I. The first assignment of error is upon the ruling of the court in suppressing a portion of the deposition of Alfred E. Brown. The fourth and fifth interrogatories, and the answers; and the fourth cross interrogatory, and the answer thereto, are as follows:

“ Intg. 4. What was James McCarthy’s state of mind as regards sanity during your acquaintance with him ? What was Ms state of mind on or about the 20th Nov.,'1850? State particularly all the facts tending to…

2Cases cited2 opinions

  1. Metropolitan Life Insurance v. NoeTennessee Supreme Court · 1930
  2. Wright v. GaffIndiana Supreme Court · 1855

3Cited by38 opinions

  1. State v. PikeSupreme Court of New Hampshire · 1870
  2. State v. FelterSupreme Court of Iowa · 1868
  3. Ashcraft v. De ArmondSupreme Court of Iowa · 1876
  4. Childs v. ShowerSupreme Court of Iowa · 1865
  5. Betts v. BettsSupreme Court of Iowa · 1901

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