Osborn v. Whitlow
Supreme Court of Iowa
Appeal from Madison District Gowrt. — L. N. Hays, Judge. This is a will contest. The contestant is the daughter of the deceased. There was a verdict sustaining the will, and the contestant has appealed.
1Opinion of the CourtEvans, J.
The testator is known in the record as Dal Osborn. The contest was based upon alleged mental incompetency and undue influence. No evidence was offered, however, on the question of undue influence, and such issue was not submitted to the jury. The testator died, July 29, 1915. The will was executed on July 26, 1911, and on its face appears to be executed in due. form. The testator was married to the contestant’s mother on March 23, 1881. A few days thereafter, the contestant was born, in lawful wedlock. At the time of the testator’s marriage, both civil and criminal proceedings were pending…
2Cases cited4 opinions
- Palmer v. Cedar Rapids & Marion Railway Co.Supreme Court of Iowa · 1901
- Bowman v. Western Fur Manufacturing Co.Supreme Court of Iowa · 1895
- Hathaway v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
- Carbon v. City of OttumwaSupreme Court of Iowa · 1895
3Cited by5 opinions
- Kirchner v. Dorsey DorseySupreme Court of Iowa · 1939
- Craven v. SelwaySupreme Court of Iowa · 1933
- Bowers v. BaileySupreme Court of Iowa · 1946
- State v. AlbersSupreme Court of Iowa · 1970
- State v. AlbersSupreme Court of Iowa · 1970