Smith v. Ryan
Supreme Court of Iowa
Appeal from Pottawattamie Distñct Court.— HoN. 0. D. Wheeled, Judge. Pe-oceediNg to set aside tbe probate of a will on tbe grounds that it was not duly executed; that it was procured by fraud, duress, and undue influence of defendant, wbo is the sole devisee; and that testatrix lacked testamentary ca-. pacity. The issues raised by denials of plaintiffs’ allegations were tried to a jury, and from judgment on a verdict for defendant plaintiffs appeal.
1Opinion of the CourtMcClain, J.
Ah instrument purporting to be tbe will of Christina Ryan, deceased, was offered for probate by defendant, her surviving husband and sole.devisee, and probate was granted without contest. Subsequently this action was commenced by plaintiffs, who are the children of Christina Ryan by a previous marriage, to set aside the order of probate.
1. Evidencenon-expert opinions. I. In one group of errors assigned may be considered many objections to questions asked non-expert witnesses as to the mental capacity of testatrix. There is no controversy between counsel as to the general rule that a…
2Cases cited9 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Manatt v. ScottSupreme Court of Iowa · 1898
- In re the Estate of GoldthorpSupreme Court of Iowa · 1895
- Gay v. GaySupreme Court of Iowa · 1882
- Dye v. YoungSupreme Court of Iowa · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Estate of MottSupreme Court of Iowa · 1925
- Mileham v. MontagneSupreme Court of Iowa · 1910
- In Re Klein's EstateSupreme Court of Iowa · 1950
- Drosos v. DrososSupreme Court of Iowa · 1960
- Wendt v. FossSupreme Court of Iowa · 1913
4 more not listed; retrieve them via the Exa API.