Chapman v. Newell
Supreme Court of Iowa
Appeal from Louisa District Court. — Hon. Jas. D. Smyth, J udge. An actiou to construe the will of S. N. Spurgeon, deceased, and to adjudge void certain bequests and devises provided for therein, and to have property sought to be disposed of by said provisions declared intestate property. The demand was resisted by the executor, and the cause tried to the court upon the will in question and certain agreed facts quoted in the opinion and upon oral testimony.
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Appeal from Louisa District Court. — Hon. Jas. D. Smyth, J udge. An actiou to construe the will of S. N. Spurgeon, deceased, and to adjudge void certain bequests and devises provided for therein, and to have property sought to be disposed of by said provisions declared intestate property. The demand was resisted by the executor, and the cause tried to the court upon the will in question and certain agreed facts quoted in the opinion and upon oral testimony. The court dismissed the petition, and plaintiffs appeal.
1Opinion of the CourtWeaver, J.
The testator died August 27, 1907, a widower and childless. He had long been a resident of Louisa County and had accumulated property, the amount of which does not seem to Lave been proven on the trial, but is stated by counsel to be somewhere from $20,000 to $25,000, and so far as shown he was not largely indebted. On May 10, 1902, he executed the will in controversy. It had been prepared for him by counsel and appears to have been drawn according to his directions. The instrument is too long to be.incorporated in full in this opinion; but we will quote such portions as are necessary to an…
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