Linkmeyer v. Brandt
Supreme Court of Iowa
Appeal from Chickasaw District Court. — Hon. A. N. Hob-son, Judge. Plaintiff's petition is in two* counts. In the first lie alleges, in substance, as follows: That on the twenty-second day of March, 1896, John D. Baum died testate, leaving the defendants named as his sole heirs; that on the twenty-fourth day of August, 1891, said Baum, being of sound mind, made and executed his last will as sat out, devising one hundred dollars to St. Mary’s Catholic church of North…
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Appeal from Chickasaw District Court. — Hon. A. N. Hob-son, Judge. Plaintiff's petition is in two* counts. In the first lie alleges, in substance, as follows: That on the twenty-second day of March, 1896, John D. Baum died testate, leaving the defendants named as his sole heirs; that on the twenty-fourth day of August, 1891, said Baum, being of sound mind, made and executed his last will as sat out, devising one hundred dollars to St. Mary’s Catholic church of North Washington, Iowa, after the payment of debts, and the residue of his estate to the plaintiff; that on the nineteenth day of…
1Opinion of the CourtGiven, J.
There is no question but that about the twenty-eighth day of -August, 1891, John D. Ba,um, now deceased, executed a will, a copy of which is set out in the petition. We think Baum was at that time capable of making a will, but whether he was induced to malea this will by undue influence is a more doubtful question, but one that, in the view we take of the case, need no-t be determined. We are in no doubt but that at the time John D. Baum destroyed that will, though under guardianship-, he was, tinder the ruling in Meeker v. Meeker, 74 Iowa, 353, capable of either making or canceling his will;…
2Cited by8 opinions
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- Jones v. SchaffnerSupreme Court of Iowa · 1920
- Hanrahan v. HanrahanSupreme Court of Iowa · 1918
- Estate of Cahill v. CahillSupreme Court of Iowa · 1912
- Waters v. WatersSupreme Court of Iowa · 1926
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