Bracket v. Bracket
Supreme Court of Iowa
Appeal from Winnebago District Court.. — Hon. J. J. Clark, Judge.. The will' of Alv Tallack Brackey, deceased, having-been presented for probate, its' admission was' contested by. the defendants on the- ground of mental incapacity of the testator, and of undue influence exercised ■ over him by the proponent, Albert A. Brackey.
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Appeal from Winnebago District Court.. — Hon. J. J. Clark, Judge.. The will' of Alv Tallack Brackey, deceased, having-been presented for probate, its' admission was' contested by. the defendants on the- ground of mental incapacity of the testator, and of undue influence exercised ■ over him by the proponent, Albert A. Brackey. At the close of the evidence the court withdrew from the jury the question of alleged undue- influence, and submitted the case upon the question of mental incapacity only. A verdict was returned sustaining the validity of the will, and the contestants appeal.
1Opinion of the CourtWeaver, J.
The testator died April 9, 1909, at the age of seventy-seven years. His will bears ■ date Hay 4, 1908. By its terms he devised a farm of one hundred and sixty acres, the largest item of his estate, to the proponent, Albert A. Brackey, for life, with remainder over to Albert’s children. The residue of the estate is given to the children of the testator in equal shares.
i. Wills: undue influence. I. The first question presented for our consideration is the alleged error of the trial court in withdrawing the objection of undue influence from the jury. This depends, course, upon the inquiry…
2Cases cited5 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Gates v. ColeSupreme Court of Iowa · 1908
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1905
- Chambers v. BradySupreme Court of Iowa · 1897
- Burk v. ReeseSupreme Court of Iowa · 1909
3Cited by19 opinions
- Merritt v. EasterlySupreme Court of Iowa · 1939
- In Re Estate of HellerSupreme Court of Iowa · 1943
- In Re Estate of MottSupreme Court of Iowa · 1925
- In Re Will of RichardsonSupreme Court of Iowa · 1925
- Sutherland State Bank v. FurgasonSupreme Court of Iowa · 1922
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