Holmes v. Connable
Supreme Court of Iowa
-Appeal from. Lee District Court. — Hon. Henry Bank, Jr., Judge. Action in. equity to enforce specific performance of an •oral promise of one A. L. Connable, now deceased, to give plaintiff a child’s portion of his estate. Defendants are the •devisees and executors of such estate. From a decree dismissing plaintiff’s petition, she appeals.
1Opinion of the CourtWaterman, J.
*3001 *299Cases of a similar nature to this are 'finding their way into the courts with alarming frequency ■of late years. We have here an attempt to secure, upon oral evidence, a large share of a valuable estate in probate, and the facts given to support it are mostly of such a character •as not to be open to direct denial. We shall pass a number •of defenses, such as election of remedies, statute of limitations, former adjudication, indefiniteness of the contract,' •and that it is against public policy, and address ourselves to a •consideration of the testimony.. And in doing this we shall ’take…
2Cases cited4 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Wallace v. RappleyeIllinois Supreme Court · 1882
- Mundorff v. KilbournCourt of Appeals of Maryland · 1853
- Cooper v. SkeelSupreme Court of Iowa · 1863
3Cited by41 opinions
- Wall v. Estate of McEnneryWashington Supreme Court · 1919
- Golden v. Iowa City State BankSupreme Court of Iowa · 1924
- Ross v. RossSupreme Court of Iowa · 1910
- Dilger v. Estate of McQuadeWisconsin Supreme Court · 1914
- Frederick v. MichaelsonWashington Supreme Court · 1926
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