In re the Probate of the Will of Brown
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. E. P. Howell, Judge. The proponent presented for probate a will purporting 'to have been executed by deceased, Alexander H. Brown, on April 6, 1897. The proponent is a daughter of the deceased. The contestants are grandsons of the deceased.
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Appeal from Johnson District Court. — Hon. E. P. Howell, Judge. The proponent presented for probate a will purporting 'to have been executed by deceased, Alexander H. Brown, on April 6, 1897. The proponent is a daughter of the deceased. The contestants are grandsons of the deceased. They contested the probate of the proposed will on the following grounds: That in the spring of 1906 the said Alexander H. Brown revoked the said will now offered for probate by the due execution in a lawful manner of a subsequent will, which said subsequent will by its terms expressly revoked the said alleged…
1Opinion of the CourtEvans, C. J.
The preliminary statement already made indicates the general theory of the contest. The contestants introduced evidence tending to show: That in the latter part of 1905, or at the beginning of 1906, H. E. Porter, a lawyer of Lone Tree, prepared for the deceased *652a draft of a will which purported to dispose of his entire estatq. That the first sentence in such draft of the will read as follows: “I, A. IT. Brown, of the town of Lone Tree, County of Johnson, and State of Iowa, being of sound and disposing mind, do make, publish, and declare this my last will and testament, hereby revoking all…
2Cases cited5 opinions
- In re Will of DunahughSupreme Court of Iowa · 1906
- State v. PottsSupreme Court of Iowa · 1889
- Schillinger v. BawekSupreme Court of Iowa · 1907
- McGuire v. KenefickSupreme Court of Iowa · 1900
- Schoep v. Bankers Alliance InsuranceSupreme Court of Iowa · 1898
3Cited by8 opinions
- Goodale v. MurraySupreme Court of Iowa · 1940
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- In Re Estate of RamthunSupreme Court of Iowa · 1958
- In re the Estate of ThormanSupreme Court of Iowa · 1913
- Rolfing v. HarveySupreme Court of Iowa · 1960
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