Loveridge v. Evans
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. A. Bistiop, Judge. This is a contest over the probate of the will of W. B. Evans, deceased. Defendants, who are contestants, pleaded that the testator did not have sufficient mental capacity to execute the instrument, and on this issue, the case was tried to a'jury, resulting in a verdict finding thiat deceased was ■of unsound mind at the time the will was executed. Proponents appeal.
1Opinion of the CourtDeemer, J.
1 *2422 *241The will was executed on the twenty-eighth day o-f October, 1897, and it devised all of testator’s property to his four sisters, who at the time resided at Bristol, England. Contestants are the divorced wife and son of the deceased. In order to establish testator’s unsoundness of mind, both contestant’s were allowed to testify to his appearance, conduct, manners and habits — which was perfectly proper — -and to give in evidence-certain communications made to them by the deceased during his lifetime. These communications were clearly inadmissible, under section 4604, and the communications…
2Cases cited5 opinions
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Webber v. SullivanSupreme Court of Iowa · 1882
- Freeman v. EaslyIllinois Supreme Court · 1888
- In re the Will of ConveySupreme Court of Iowa · 1879
- Vulgamore v. StoddardSupreme Court of Iowa · 1866
3Cited by9 opinions
- In Re Estate of SiniftSupreme Court of Iowa · 1943
- Philpott v. JonesSupreme Court of Iowa · 1914
- Payne v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1911
- Leonard v. ShaneSupreme Court of Iowa · 1918
- Long v. DavisSupreme Court of Iowa · 1907
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