Legal Opinion

Busick v. Busick

Supreme Court of Iowa

Decided May 10, 1921PublishedCited by 20 opinions

Appeal from Wright District Court.- — G. D. ThompsoN, Judge. This is a will contest. Trial to a jury, wbicb found for contestants. The motion for new trial by. proponents was overruled, and they appeal. —

1Opinion of the CourtPrestoN, J.

The contestants waived proof as to the execution of the will, and it was offered in evidence by proponents. At the conclusion of the contestants’ evidence, and again at the close of all the evidence, the proponents moved for a directed verdict in their favor, which was overruled. The objections to the probate of the will were that deceased did not have sufficient mental capacity, and that the will was procured by undue influence. The evidence showed lack of business experience and some mental deficiencies, lack of education, physical condition, and so on, and perhaps some evidence of mental…

2Cases cited3 opinions

  1. James v. FairallSupreme Court of Iowa · 1912
  2. Lundy v. LundySupreme Court of Iowa · 1902
  3. Beyer v. SchlenkerMissouri Court of Appeals · 1910

3Cited by20 opinions

  1. Cory v. Ankeny State BankSupreme Court of Iowa · 1969
  2. In Re Estate of John TelsrowSupreme Court of Iowa · 1946
  3. William L. Burkhalter v. Steven P. BurkhalterSupreme Court of Iowa · 2013
  4. In Re Estate of HellerSupreme Court of Iowa · 1943
  5. In Re Estate of MottSupreme Court of Iowa · 1925

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