In re Will of Dunahugh
Supreme Court of Iowa
Appeal from, Story District Court.— Hon. J. H. Hi chard, Judge. On May 8, 1900, Eliza A. Dunahugh and her husband, Alexander Dunahugh, jointly executed a will' in which George W. Atkinson was named as sole devisee. Mrs. Dunahugh died in May, 1904, and the will so,executed was offered for probate.
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Appeal from, Story District Court.— Hon. J. H. Hi chard, Judge. On May 8, 1900, Eliza A. Dunahugh and her husband, Alexander Dunahugh, jointly executed a will' in which George W. Atkinson was named as sole devisee. Mrs. Dunahugh died in May, 1904, and the will so,executed was offered for probate. John '0. Ulum, a brother of the decedent, appeared in the proceedings and filed objections as follows: (1) That at the time the will was executed, the said Eliza A. Dunahugh was not of sound and disposing mind; (2) that said will was procured to be executed by fraud, duress and undue influence on the…
1Opinion of the CourtBishop, J.
I. The proponent offered the will in evidence, and thereto the contestant objected on the ground that it had not been shown that the testatrix was of sound i. wills: proof mind at the time of her execution of. the instrusanity. ment. The objection was overruled, and error is predicated on such ruling. It is the precise contention of counsel that as the statute authorizes the making of a will only by persons of full age and sound mind, it was not competent to put the will in evidence until preliminary proof of soundness of mind had been brought forward. This con*694tention may be disposed of by…
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