Legal Opinion

McBride v. McBride

Supreme Court of Iowa

Decided April 8, 1909PublishedCited by 7 opinions

Appeal from Palo Alto District Court. — Hon. W. B. Quarton, Judge. This is an original action to set asido the probate of a will. There -was a verdict and judgment against the validity of the will, and the probate thereof was set aside. The defendant Patrick McBride appeals.

1Opinion of the CourtEvans, C. J.

James McBride, late of Palo Alto County, died March 25, 1901, leaving surviving him Ann McBride, as widow, and the other defendants and plaintiffs in this action, his children. The latter are also children of Ann McBride. In July, 1901, an- instrument, bearing date February 16, 1901, and purporting to be the last will and testament- of said James McBride, was admitted to probate after notice by publication. This action was brought to set -aside such order of probate. The ground alleged is a want of mental capacity on the part of James McBride to make a will.

1. Continuanceabsent wit- ' I.…

2Cases cited5 opinions

  1. Mallow v. WalkerSupreme Court of Iowa · 1901
  2. Will of Hull v. HullSupreme Court of Iowa · 1902
  3. Blake v. RourkeSupreme Court of Iowa · 1888
  4. Erusha v. TomashSupreme Court of Iowa · 1896
  5. Powers v. CrandallSupreme Court of Iowa · 1907

3Cited by7 opinions

  1. In Re Estate of HellerSupreme Court of Iowa · 1943
  2. Calhoun v. TaylorSupreme Court of Iowa · 1916
  3. In re the Petition for Review of the Probate of the Last Will & Testament of SharpleySuperior Court of Delaware · 1923
  4. In Re Will of FishSupreme Court of Iowa · 1935
  5. Schultz v. StarrSupreme Court of Iowa · 1917

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