Barry v. Walker
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. K. M. Wright, Judge. A jury found that Tbomas Walker was mentally incompetent to make tbe will in question, and the proponents appeal from a judgment on such verdict.
1Opinion of the CourtSherwin, J.
i. Evidence: matvation. A witness for the contestants was permitted to testify that the testator’s conversations with him were “rambling,” and that his physical condition during the time that he had known him was “weak and decrepit.” Another witness testified that, when the testator talked with him about personal business matters, “it was a conglomeration of his continual business.” These answers stated facts, and not conclusions, and were competent. Schmidt v. Dubuque, 136 Iowa, 401; Vannest v. Murphy, 135 Iowa, 123; Manatt v. Scott, 106 Iowa, 203.
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2Cases cited17 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Winters v. WintersSupreme Court of Iowa · 1897
- Meeker v. MeekerSupreme Court of Iowa · 1888
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Manatt v. ScottSupreme Court of Iowa · 1898
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3Cited by6 opinions
- Boyles v. CoraSupreme Court of Iowa · 1942
- In Re Estate of RingSupreme Court of Iowa · 1946
- Liddle v. SalterSupreme Court of Iowa · 1917
- Jahn v. MacMurtrySupreme Court of Iowa · 1918
- Dalton v. SwainSupreme Court of Iowa · 1919
1 more not listed; retrieve them via the Exa API.