Sisters of Visitation v. Glass
Supreme Court of Iowa
Appeal from Lee Circuit Court. The appellants and proponents are legatees under the will of Bernard Slaven, and filed the will in the Circuit Court, and asked tbat it be admitted to probate.
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Appeal from Lee Circuit Court. The appellants and proponents are legatees under the will of Bernard Slaven, and filed the will in the Circuit Court, and asked tbat it be admitted to probate. Tbe appellees and contestants, claiming to be heirs at law of said Slaven,- appeared and objected to tbe probate, alleging tbat at the. time of tbe execution of tbe will said Slaven was of-unsound mind, and incapable of making a will, and tbat tbe same was made and obtained through duress and undue influence. There was a trial by tbe court. No special finding of facts was made, but tbe court “found and…
1Opinion of the Court
Seevers, Ch. J.
1. WIM.: pracnovó. I. The.appellees object that there cannot be a trial de novo in this court. Such a trial is guaranteed by the Constitution in equitable actions, provided the mode and manner prescribed by statute has been followed in the trial below, and' the necessary steps taken and preserved to obtain such trial in this court. Sherwood v. Sherwood, 44 Iowa, 192.
This, however, is not an equitable action, and was not so regarded at the time the Constitution was adopted. 1 Story’s Eq. Jur., § § 184, 218; Leighton v. Orr, 44 Iowa, 679.
2.-: protion. ' II. It is, however,…
2Cases cited7 opinions
- Leighton v. OrrSupreme Court of Iowa · 1876
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Hamilton v. Iowa City National BankSupreme Court of Iowa · 1875
- Canaday v. JohnsonSupreme Court of Iowa · 1875
- Havelick v. HavelickSupreme Court of Iowa · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
- Buttman v. ChristySupreme Court of Iowa · 1924
- In Re Estate of HermenceSupreme Court of Iowa · 1944
- Davis v. City of ClintonSupreme Court of Iowa · 1881
- In Re Estate of DelaneySupreme Court of Iowa · 1929
3 more not listed; retrieve them via the Exa API.