Lambert v. Kempthorne
Supreme Court of Iowa
Appeal from Polk District Court. — George A. Wilson, Judge. Ttiis was an application to set aside a judgment which had been made in said estate, refusing and denying probate of the will. The trial court in this case sustained said application, set aside the prior order and judgment as erroneous, and reinstated the case on the docket for trial. The widow of the deceased and her four daughters, and the husbands of some of them, appeal.
1Opinion of the CourtPreston, J.
But one witness testified in this case. The other evidence consisted of records, and other documentary evidence. The application in this case, which is denominated petition and motion to set aside, etc., was filed October 25, 1916, and was to set aside the order made August 18, 1916. August 16, 1916, two days before the order denying the admission of the other will to probate, there was filed in the clerk’s office an instrument purporting to be the last will of Josiah Kempthome, deceased, dated November 2, 1907. By this instrument, deceased de vised" certain real estate to his four daughters,…
2Cases cited14 opinions
- Kelly v. CummensSupreme Court of Iowa · 1909
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
- Fred Andres & Co. v. SchlueterSupreme Court of Iowa · 1908
- Harris v. BigleySupreme Court of Iowa · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matter of Estate of GrahamSupreme Court of Iowa · 1980
- Protheroe v. DaviesSupreme Court of Kansas · 1939
- Reinsurance Life Co. of America v. HouserSupreme Court of Iowa · 1929
- Miller v. MillerSupreme Court of Iowa · 1951
- Snyder v. SnyderSupreme Court of Iowa · 1948
9 more not listed; retrieve them via the Exa API.