Wendt v. Foss
Supreme Court of Iowa
Appeal from Crawford District Court. — Hon. M. E. Hutchinson, Judge. Action to set aside tbe probate of a will and to bave the same declared null and void because of mental incapacity and undue influence.- At the conclusion of plaintiff’s testimony, defendants moved for a directed verdict. This motion was sustained, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
What purports to be the last will and testament of Henrietta Rath, deceased, was, upon due notice, admitted to probate in the district court of Crawford county on September 12,1905; and this action to set aside -the probate thereof, and to have the will declared null and void, was commenced October 29, 1909. The grounds for setting it aside, as stated in the petition, were:
Plaintiff .further states that the said paper so admitted to probate was not the last will and testament of the said Henrietta Rath, deceased, for the reasons following, among others: That said will was procured by the…
2Cases cited18 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Meyer v. HouckSupreme Court of Iowa · 1892
- Kirsher v. KirsherSupreme Court of Iowa · 1903
- Cherry v. Des Moines LeaderSupreme Court of Iowa · 1901
- Mileham v. MontagneSupreme Court of Iowa · 1910
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Estate of HustonSupreme Court of Iowa · 1947
- Blackmore v. City of Council BluffsSupreme Court of Iowa · 1920
- Seamans v. GallupSupreme Court of Iowa · 1922
- Law v. HemmingsenSupreme Court of Iowa · 1956
- Spaulding v. MillerSupreme Court of Iowa · 1935
7 more not listed; retrieve them via the Exa API.