McCarn v. Rundall
Supreme Court of Iowa
Appeal from Jones District Gowi.- — Mon. II. M. Remley, Judge. This is au action iu equity to probate a destroyed will. There was a trial to the court, and the will was admitted to probate. The defendants appeal.
1Opinion of the CourtSi-ierwin, J.
*4071 2 3 4 5 *406Ella Foos departed this life September 14, 1897. On or about the seventeenth day of June, 1897, she executed an instrument in writing purporting to be her will. On the thirty-first day of July, 1897, this instrument *407was destroyed by her direction, and the fragments thereof burned in her presence. On the same day, and as a part of the same transaction, a new will was executed by her. This last will was offered for probate after her death, and objections were made thereto on the grounds of mental incapacity, undue influence, and fraud and duress. TJpon the issue thus made there was a…
2Cases cited8 opinions
- Lane v. WalkerCalifornia Supreme Court · 1895
- Clark v. TurnerNebraska Supreme Court · 1897
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- In re WillSupreme Court of Connecticut · 1873
- Stewart v. MulhollandCourt of Appeals of Kentucky · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Goodale v. MurraySupreme Court of Iowa · 1940
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- In re the Estate of ThormanSupreme Court of Iowa · 1913
- In Re Estate of HarterSupreme Court of Iowa · 1940
- Iowa Wesleyan College v. JacksonSupreme Court of Iowa · 1957
3 more not listed; retrieve them via the Exa API.