In re Will of Middleton
Supreme Court of Iowa
Appeal from Wapello Circuit Court. The defendants filed a motion in tbe circuit court to set aside the probate of the will involved in this case. The motion was overruled. Defendants appeal.
1Opinion of the CourtBeck, J.
I. The will involved in the case disposes of personal property, and is nuncupative. It was admitted to probate upon a notice by publication, required by Code, § 2341. Soon after, the defendants filed a motion to set aside the order of probate, on the grounds that no notice was served upon the defendants, — one of them being the administrator of the estate; that the value of the property bequeathed exceeds $300; and that “the order covers more than the mere probate of the will.” The motion was overruled.
II. The notice of the presentation' of the will for probate was by publication, and…
2Cases cited2 opinions
- Leighton v. OrrSupreme Court of Iowa · 1876
- Farrell v. LeightonSupreme Court of Iowa · 1878
3Cited by4 opinions
- In Re Estate of PierceSupreme Court of Iowa · 1953
- Blakely v. CabelkaSupreme Court of Iowa · 1928
- Gregg v. MyattSupreme Court of Iowa · 1889
- In Re Estate of TrindleSupreme Court of Iowa · 1941