Arnold v. Livingstone
Supreme Court of Iowa
Appeal from Jones District Court. — ILon. E. O. Ellison, Judge. This is an action to set aside tbe will of Sarab J. Livingstone and the former probate thereof. At the close of plaintiff’s evidence, the trial court directed the jury to return a verdict for the defendants, which was accordingly done. From a judgment, dismissing the petition, the plaintiff has appealed.
1Opinion of the CourtEvans, J.
Sarah J. Livingstone died on March 12, 1909. Her purported will was admitted to probate by the district court of Jones county on April 17, 1909. Subsequently this 'action was instituted; the plaintiff being one of the daughters of deceased.
The grounds of invalidity charged in the petition against the purported will were: (1) That the testatrix lacked mental capacity to make same; and (2) that the execution of the will was procured by the fraud and undue influence of the beneficiaries therein, and others. At the close of the plaintiff’s evidence, the trial court held that there was not…
2Cases cited3 opinions
- Porter v. MolesSupreme Court of Iowa · 1911
- Will of Trotter v. TrotterSupreme Court of Iowa · 1902
- Kuhn v. GustafsonSupreme Court of Iowa · 1887
3Cited by22 opinions
- In Re Estate of HellerSupreme Court of Iowa · 1943
- Pearson v. ButtsSupreme Court of Iowa · 1937
- Reynolds v. HenrySupreme Court of Iowa · 1921
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
- Arnold v. Fort Dodge, Des Moines & Southern RailroadSupreme Court of Iowa · 1919
17 more not listed; retrieve them via the Exa API.