Lynch v. Miller
Supreme Court of Iowa
Appeal from Kossuth Distriot Court. Action in chancery to set aside the' probate of a will, and to declare the will void as to real property within this State. A demurrer to the answer of defendant was sustained, and defendant electing to stand upon her pleadings a decree was accordingly entered granting the relief prayed for by plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges that plaintiff and defendant are the only heirs at law of Alexander Miller, deceased, and that in 1878 a paper purporting to be the last will and *517testament of Alexander Miller was admitted to probate in Stevens county, Texas, and a copy thereof filed in the Circuit Court of Kossuth county, and was there admitted to probate as a foreign will. Plaintiff alleges that the paper so admitted to probate was not the last will and testament of Alexander Miller, and was not so executed as to become valid under the laws of this State. The plaintiff prays that the probate of the…
2Cases cited2 opinions
- Leighton v. OrrSupreme Court of Iowa · 1876
- Loving v. PairoSupreme Court of Iowa · 1860
3Cited by12 opinions
- Otto v. DotySupreme Court of Iowa · 1883
- Widney v. HessSupreme Court of Iowa · 1950
- Estate of LoydCalifornia Supreme Court · 1917
- First Presbyterian Church v. HodgeSupreme Court of Iowa · 1949
- McElroy v. HiteSupreme Court of Iowa · 1912
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