Kern v. May
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Action at law to set aside the will of James Johnson, deceased. The case was tried to a jury that returned a verdict for plaintiff, which verdict the court, on motion, set aside, and awarded a new trial, and ' from the ruling the plaintiff appealed.
1Opinion of the CourtGranger, C. J.
1 James Johnson, now deceased, made his will on the eighth day of September, 1891. At the time of making his will, he was a widower, and had but one child, who is the plaintiff. The defendant-was his niece. He owned one hundred and thirty acres of land, in which he devised to his daughter a life estate. The remainder of his estate was to go to the children of the daughter, if she died leaving any. If the daughter died without issue, then the remainder was to go to the defendant. The grounds upon which it is sought to set aside the will are undue influence and the intoxication of the testator…
2Cases cited1 opinion
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
3Cited by11 opinions
- In Re Estate of HollisSupreme Court of Iowa · 1944
- Royer v. King's Crown Plaster Co.Supreme Court of Iowa · 1910
- Brooks v. Brotherhood of American YeomenSupreme Court of Iowa · 1902
- Smith v. SmithSupreme Court of Iowa · 1913
- Van Wagenen v. ParsonsSupreme Court of Iowa · 1898
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