Legal Opinion

Parker v. Lambertz

Supreme Court of Iowa

Decided July 13, 1905PublishedCited by 15 opinions

Appeal from Montgomery District Court. — Hon. N. W. Macy, Judge. Action at law to set aside the probate of a will, and to have the will held for naught, as having been procured by fraud, duress, and-undue influence. At the conclusion of the evidence offered for plaintiffs, the court, on motion, directed a verdict for the defendants, and plaintiffs appeal from a judgment on such directed verdict.—

1Opinion of the CourtMcClain, J.

The evidence on behalf of plaintiffs •tended to show the following facts, which we shall consider without discussing the competency of the evidence or the. materiality of the facts which it tended to establish: The testatrix, Sarah Ellen Parker, the mother of Arthur W. Parker and Telia McBride, who are plaintiffs, and of Minnie Lambertz and Mattie Lykins, who are defendants, resided on a farm in Montgomery county, about five miles from the residence of Arthur W. Parker, who is designated in the record as Dr. Parker, and ten miles from the residence of the I^ambertzes. The other daughters were…

2Cases cited2 opinions

  1. Perkins v. PerkinsSupreme Court of Iowa · 1902
  2. Mallow v. WalkerSupreme Court of Iowa · 1901

3Cited by15 opinions

  1. In Re Estate of MottSupreme Court of Iowa · 1925
  2. In Re Will of RichardsonSupreme Court of Iowa · 1925
  3. Fothergill v. FothergillSupreme Court of Iowa · 1905
  4. Arndt v. LapelSupreme Court of Iowa · 1932
  5. Ross v. RossSupreme Court of Iowa · 1908

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