Meyer v. Stortenbecker
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — O. B. Wheeler, Judge. Tpiis is a suit in equity to set aside a deed from the mother of appellant to her brother, Fritz Stortenbecker; an attack upon a contract made at the time the deed was, and as'part of the same transaction, and to have treated as part of the estate of the mother, now deceased, the certain widow’s allowance made the mother in the estate of her deceased husband, and of a sum paid her as her distributive share.
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Appeal from Pottawattamie District Court. — O. B. Wheeler, Judge. Tpiis is a suit in equity to set aside a deed from the mother of appellant to her brother, Fritz Stortenbecker; an attack upon a contract made at the time the deed was, and as'part of the same transaction, and to have treated as part of the estate of the mother, now deceased, the certain widow’s allowance made the mother in the estate of her deceased husband, and of a sum paid her as her distributive share. The controversy involves whether the mother, at the time of the transaction complained of, was. mentally competent to…
1Opinion of the CourtSalinger, J.
*4431. Deeds: validity: mental incompetency and undue influence: evidence: sufficiency. *442I. There is a sharp controversy over *443where the burden of proof lies, it being the contention of the appellant that there was such confidential relation between the mother and the grantee son as that the burden was cast upon the latter to negative incompetency, undue influence, and want of consideration. We need not decide it, because we are fully convinced that, if this burden does lie where the appellant would have it, that it has been fully met. As is usual in such disputes, the record is one of tremendous…
2Cases cited34 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- Foxworthy v. AdamsCourt of Appeals of Kentucky · 1910
- Newton & Seeley v. BealerSupreme Court of Iowa · 1875
- Knight v. TrippCalifornia Supreme Court · 1898
29 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Globe National Fire Insurance v. American Bonding & Casualty Co.Supreme Court of Iowa · 1923
- In Re Lindsey's EstateSupreme Court of Iowa · 1962
- Durband v. NicholsonSupreme Court of Iowa · 1927
- In Re Estate of SheimoSupreme Court of Iowa · 1968
6 more not listed; retrieve them via the Exa API.