Legal Opinion

In re Probate of the Will of Martin

Supreme Court of Iowa

Decided June 7, 1913PublishedCited by 8 opinions

Appeal from Mills District Court. — Hon. O. D. WheeleR, Judge. Will contest on the grounds of unsoundness of mind and undue influence. Issue of undue influence withdrawn from the jury. Question of unsoundness of mind submitted. Yer-diet for proponents. From an order admitting will to probate, contestants appeal.

1Opinion of the CourtWithrow, J.

I. On March 7, 1910, Elizabeth Martin executed an, instrument offered for probate as her last will and testament. Prior to that she had at different times executed five or six other wills. Her husband had died years before; they had no children, nor no dependents, excepting a nephew, Roy Downs, who because of physical and mental infirmities had been the special object of solicitude of both Mr. and Mrs. Martin. During his lifetime Mr. Martin had accumulated a large estate, the bulk of which upon his death passed to his wife under his will. She had at the time of her death been a resident of…

2Cases cited3 opinions

  1. Manatt v. ScottSupreme Court of Iowa · 1898
  2. Good v. ZookSupreme Court of Iowa · 1901
  3. Donnell v. BradenSupreme Court of Iowa · 1886

3Cited by8 opinions

  1. In Re Will of BehrendSupreme Court of Iowa · 1943
  2. O'Connell v. DeightonSupreme Court of Iowa · 1931
  3. Olsen v. Corporation of New MelleraySupreme Court of Iowa · 1953
  4. Ozias v. ScarcliffSupreme Court of Iowa · 1925
  5. Lyon County National Bank v. Winter EstateSupreme Court of Iowa · 1932

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