Gregg v. Myatt
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. J. H. Macomber, Judge. Action iu chancery to set aside a will which had been duly admitted to probate, on the ground that it was executed by the testator through undue influence. The answer alleges that the will was admitted to probate after notice, and that plaintiffs are therefore barred and estopped to maintain this action. A demurrer to this allegation of the answer was sustained.
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Appeal from Carroll District Court. — Hon. J. H. Macomber, Judge. Action iu chancery to set aside a will which had been duly admitted to probate, on the ground that it was executed by the testator through undue influence. The answer alleges that the will was admitted to probate after notice, and that plaintiffs are therefore barred and estopped to maintain this action. A demurrer to this allegation of the answer was sustained. Defendants, standing on their pleading, appeal to this court.
1Opinion of the CourtBeck, J.
imtet action • formei^adjudieation. I. The answer, and exhibits constituting a part of it, show that notice by publication in a newspaper was given of the day fixed for the probate of the will. It appears that the will was admitted to probate upon the evidence of the subscribing witnesses, without contest or objection.
*704II. Code, section 2353, is in this language : “Wills, foreign or domestic, shall not be carried into effect until admitted to probate, as hereinbefore provided, and such probate shall be conclusive as to the due execution thereof, until set aside by an original or appellate…
2Cases cited6 opinions
- Otto v. DotySupreme Court of Iowa · 1883
- Leighton v. OrrSupreme Court of Iowa · 1876
- Gilruth v. GilruthSupreme Court of Iowa · 1875
- Havelick v. HavelickSupreme Court of Iowa · 1865
- In re Will of MiddletonSupreme Court of Iowa · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Estate of PierceSupreme Court of Iowa · 1953
- Blakely v. CabelkaSupreme Court of Iowa · 1928
- Kelly v. KellySupreme Court of Iowa · 1912
- Price v. KirkhamSupreme Court of Iowa · 1941
- Edwards v. SmithSupreme Court of Iowa · 1947
2 more not listed; retrieve them via the Exa API.