Simmons v. Women's Home Missionary Society
Supreme Court of Iowa
Appeal ¡rom Eumloldt District Court. — N. J. Lee, Judge. Contestant objected to the probate of the will, on the ground of alleged undue influence and mental incapacity. The formal execution of the will was admitted. There was a trial to a jury. At the close of the evidence, contestant withdrew the issues as to the alleged undue influence. The jury found for the contestant, and proponents appeal.—
1Opinion of the CourtPreston, C. J.
The point which appears to be most seriously argued and relied upon for a reversal is as to the sufficiency of the evidence to sustain the verdict. This question was properly raised by motions to direct a verdict, at the close of proponents’ evidence and at the close of all the evidence; by motion for new trial, etc.
Other assignments of error are that the court erred in permitting witnesses to testify that deceased was of unsound mind on the day the will was executed, for the reason that the witnesses did not see deceased at that time; also in refusing to give an instruction requested by…
2Cases cited10 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Gates v. ColeSupreme Court of Iowa · 1908
- Fothergill v. FothergillSupreme Court of Iowa · 1905
- Blake v. RourkeSupreme Court of Iowa · 1888
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Estate of HellerSupreme Court of Iowa · 1943
- Sutherland State Bank v. FurgasonSupreme Court of Iowa · 1922
- In Re Estate of KennySupreme Court of Iowa · 1943
- Byrne v. ByrneSupreme Court of Iowa · 1919
- In re Estate of AustinSupreme Court of Iowa · 1922
9 more not listed; retrieve them via the Exa API.