Kostelecky v. Scherhart
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. S. H. Fair-all, Judge. This is an action to set aside and vacate a last will and testament, purporting to have been made by Ann M. Broshart, deceased. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendants appeal.
1Opinion of the CourtRotjhrock, C. J.
It appears from the pleadings and evidence, that Ann M. Broshart made and executed a will on the twenty-eighth day of September, 1886. She made another will on the sixteenth day of August, 1892, and died on the next- morning, about 6 o’clock. She was sixty-five years old, and had been out of health for about one year. She was confined to her bed for several weeks prior to her death, and at the time the last will was made she was in an extremely weak condition. The will in question contained a clause revoking former wills. The first will was not presented for probate prior to commencing this…
2Cases cited8 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Marietta v. MariettaSupreme Court of Iowa · 1894
- Sankey v. CookSupreme Court of Iowa · 1891
- Hainer v. Iowa Legion of HonorSupreme Court of Iowa · 1889
- Dysart v. FurrowSupreme Court of Iowa · 1894
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3Cited by25 opinions
- Kennedy v. WalcuttOhio Supreme Court · 1928
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Helfrich v. YockelCourt of Appeals of Maryland · 1923
- In Re Estate of KennySupreme Court of Iowa · 1943
- Hemsted & Everson v. FerrySupreme Court of Iowa · 1898
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