Legal Opinion

Will of Hull v. Hull

Supreme Court of Iowa

Decided April 9, 1902PublishedCited by 56 opinions

Appeal from Washington District Oourt. — Hon. W. Gb Clements, Judge. Proceeding for the probate of a will. The contest was on the ground that the will was not duly executed and witnessed, and that the testatrix bad not sufficient mental capacity. Verdict and judgment for tbe proponent. Contestants appeal. —

1Opinion of the Court

MoOrain, J. —

1 2 *7413 4 5 *740The will purports to be witnessed by-two witnesses, Coffee and Sitler. One Smith, who is shown to have been a notary public, and the person who drew the will at the request of testatrix, affixed an acknowledgment thereto, in which he recited that testatrix and the two witnesses were personally known to him to be the identical persons whose names were affixed to the instrument, and that they came personally before him on that date and acknowledged the same to be their voluntary act and deed. In view of the fact that there seems to be some doubt under the evidence-whether…

2Cases cited26 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Denning v. ButcherSupreme Court of Iowa · 1894
  3. In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
  4. Gilbert v. . KnoxNew York Court of Appeals · 1873
  5. In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894

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3Cited by56 opinions

  1. Stutsman v. SharplessSupreme Court of Iowa · 1904
  2. In Re Estate of CullbergCalifornia Supreme Court · 1915
  3. Steinkuehler v. WempnerIndiana Supreme Court · 1907
  4. In Re Estate of MottSupreme Court of Iowa · 1925
  5. Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939

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