Legal Opinion

Speer v. Speer

Supreme Court of Iowa

Decided November 17, 1909PublishedCited by 22 opinions

Appeal from Jasper District Court — Hon. K. E. Willcockson, Judge. Action at law to set aside the probate of a will. At the conclusion of plaintiffs’ evidence the court sustained a motion to direct a verdict for defendant, and from a judgment against the plaintiffs for costs rendered on such verdict the plaintiffs appeal.

1Opinion of the CourtMcClain, J.

An instrument purporting to be the last will and testament of Alexander' Speer was admitted to probate in the district court of Jasper County on February 17, 1902. It purported to have been executed on the 3d day of the same month, and it appeared that the testator died on the 6th. By this instrument the testator, who was without issue, left his property to defendant, his surviving widow. In August, 1906, within less than six months of the expiration of the statutory period for instituting action to set aside the probate of this instrument, the plaintiffs, William C. Speer, a brother of…

2Cases cited23 opinions

  1. Mattox v. United StatesSupreme Court of the United States · 1895
  2. Perkins v. PerkinsSupreme Court of Iowa · 1902
  3. McFadin v. CatronSupreme Court of Missouri · 1894
  4. Manatt v. ScottSupreme Court of Iowa · 1898
  5. Stevens v. LeonardIndiana Supreme Court · 1900

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3Cited by22 opinions

  1. Stormon v. WeissNorth Dakota Supreme Court · 1954
  2. In Re Estate of HellerSupreme Court of Iowa · 1943
  3. Sutherland State Bank v. FurgasonSupreme Court of Iowa · 1922
  4. McKeever v. BatchelerSupreme Court of Iowa · 1934
  5. Stephenson v. StephensonSupreme Court of Iowa · 1956

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