Legal Opinion
Kerkhoff v. Monkemeier
Supreme Court of Iowa
Decided January 20, 1920PublishedCited by 6 opinions
Appeal from Lyon District Court. — W. D. Boies, Judge. This is an action to set aside the probate of a will, on the ground that the testator, at the time of the making of the will, was wanting in testamentary capacity, and was unduly influenced in its making. The cause was tried to a jury, and a verdict returned for the defendants. Plaintiffs appeal.
1Opinion of the CourtGatnor, J.
On the 17th day of April, 1902, Henry Monkemeier executed the following will:
“ (1) It is my will that all my just debts and my funeral expenses be paid as soon as conveniently may be done after my decease.
“(2) All the rest, residue and remainder of the property and estate, real, personal, and mixed, of every name, nature and description, of which I die seized or lawfully possessed, I give, devise and bequeath to my two sons, August Monkemeier and Frederick Monkemeier, share and share alike, subject, however, to the following bequests and charges which I hereby make a lien upon and charge…
2Cases cited5 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Otto v. DotySupreme Court of Iowa · 1883
- Webber v. SullivanSupreme Court of Iowa · 1882
- In re Will of DunahughSupreme Court of Iowa · 1906
- In re the Will of CoffmanSupreme Court of Iowa · 1861
3Cited by6 opinions
- In Re Ransom's EstateSupreme Court of Iowa · 1953
- Shields v. HansonSupreme Court of Iowa · 1924
- Walters v. HeatonSupreme Court of Iowa · 1937
- Penn Mutual Life Insurance v. MulvaneySupreme Court of Iowa · 1936
- Cooper v. BridgeSupreme Court of Iowa · 1923
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