Severin v. Zack
Supreme Court of Iowa
Appeal'from Ha/rdin Gi/rowit Qourt. The plaintiff is proponent of the will of Frederick M. Zack, deceased. The defendant contests the probate of the will, upon the ground that the testator at the time of making the will was sick with consumption, and had thereby become imbecile, or nearly so, and was under undue influence exerted by the proponent and his wife. There was a trial by jury, and verdict was rendered for the contestants.
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Appeal'from Ha/rdin Gi/rowit Qourt. The plaintiff is proponent of the will of Frederick M. Zack, deceased. The defendant contests the probate of the will, upon the ground that the testator at the time of making the will was sick with consumption, and had thereby become imbecile, or nearly so, and was under undue influence exerted by the proponent and his wife. There was a trial by jury, and verdict was rendered for the contestants. Judgment having been rendered accordingly the proponent appeals.
1Opinion of the Court
Adams, Oh. J.
i mentary capacity. — The testator at the time of his death was about fifty years of age, and was residing at Ackley. His family consisted of himself and'wife, and an infant child. In June, 1878, he left his home in Ackley, and nve¿[ for a few wee]jS at 'Cedar Falls with Mrs. Severin, the wife of the proponent, and daughter of the testator by a former marriage. The testator was at that time sick with consumption, and not expected to recover. He *29went to Cedar Falls upon the urgent solicitation of Mr. and Mrs. Severin, and with the hope that he might be more comfortable or improved…
2Cases cited2 opinions
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
- Dewitt v. . Barley and SchoonmakerNew York Court of Appeals · 1853
3Cited by12 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Denning v. ButcherSupreme Court of Iowa · 1894
- Manatt v. ScottSupreme Court of Iowa · 1898
- Spiers v. HendershottSupreme Court of Iowa · 1909
- In re Will of NormanSupreme Court of Iowa · 1887
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