Mileham v. Montagne
Supreme Court of Iowa
Appeal from, Cherokee District Court. — Hon F. R. Gaynor, Judge. Action to set aside tbe probate of tbe last will and testament of John G. Montagne and. to set aside tbe will because of .mental incapacity and undue influence. ' Tbe case was tried to a jury, resulting in a verdict and judgment setting aside the will because of the mental incapacity of the testator.
1Opinion of the Court
Deemer, O. J.
Appellants assign forty-six erroi’s, and it is manifest that it would be impossible in the course of an ordinary opinion to consider each and every assignment; nor is it necessary to do so, for many of them are not argued, and those argued may well be grouped into a few classes, or divisions for the purpose of an opinion. The chief contentions made for appellants arc that the verdict has no support in the testimony; that the court erred in its rulings on evidence; erred in i'ts instructions given to the jury; and in refusing certain of those asked by proponents.
I. Testator was a…
2Cases cited18 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- Peck v. . CaryNew York Court of Appeals · 1863
- Terry v. BuffingtonSupreme Court of Georgia · 1852
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Knox v. KnoxSupreme Court of Alabama · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Kennedy v. WalcuttOhio Supreme Court · 1928
- Waddy v. GrimesSupreme Court of Virginia · 1930
- Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
- In re Estate of WorkmanSupreme Court of Iowa · 1916
- Jones v. SchaffnerSupreme Court of Iowa · 1920
23 more not listed; retrieve them via the Exa API.