In re the Will of Convey
Supreme Court of Iowa
Appeal from the Keokuk Circuit Cott/rt. This was a proceeding for the probate of a will. Lincoln Convey, son of tbe decedent, contested tbe sufficiency of tbe will, on the ground that the instrument was not executed by Lawrence Convey; that he was of unsound mind, was under tbe influence of intoxicating liquors, and his signature was procured through duress and undue influence.
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Appeal from the Keokuk Circuit Cott/rt. This was a proceeding for the probate of a will. Lincoln Convey, son of tbe decedent, contested tbe sufficiency of tbe will, on the ground that the instrument was not executed by Lawrence Convey; that he was of unsound mind, was under tbe influence of intoxicating liquors, and his signature was procured through duress and undue influence. The cause was tried to a jury, and a verdict found against the contestant, and the will was admitted to probate. Tlie contestant appeals.
1Opinion of the Court
Beck, Ch. J.
I. The will in question disposes of all tbe property of the decedent, without making any provision for the contestant, a minor son, further than it bequeaths him a silver watch, or in case of its loss, thirty dollars. The other beneficiaries of tbe will were other children and the mother of the deceased. There was evidence tending to show that *198the deceased, at the time tlie will is alleged to have been executed, was of unsound mind, that he was in the last stage of consumption, and ivas under the influence of intoxicating liquors, which he used as a remedy, or rather as a…
2Cases cited4 opinions
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
- Bates v. BatesSupreme Court of Iowa · 1869
- Butler v. BensonNew York Supreme Court · 1847
- Denton v. FranklinCourt of Appeals of Kentucky · 1848
3Cited by18 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Meeker v. MeekerSupreme Court of Iowa · 1888
- Chrisman v. CherismanOregon Supreme Court · 1888
- Manatt v. ScottSupreme Court of Iowa · 1898
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