Gay v. Gay
Supreme Court of Iowa
Appeal fi'om Benton Gireuit Court. This is a proceeding at law to set aside the probate of a will of Harvey D. Gay. The petition alleges that the instrument in question ivas, at one time, the last will of Harvey D. Gay, but that during his lifetime he destroyed it, by crossing his name, and by cutting and tearing the same, with intent to revoke and destroy the *will, and that since that time it has not been of any force or validity.
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Appeal fi'om Benton Gireuit Court. This is a proceeding at law to set aside the probate of a will of Harvey D. Gay. The petition alleges that the instrument in question ivas, at one time, the last will of Harvey D. Gay, but that during his lifetime he destroyed it, by crossing his name, and by cutting and tearing the same, with intent to revoke and destroy the *will, and that since that time it has not been of any force or validity. The cause was tried to a-jury, and the court directed them to find that the will was not revoked. The plaintiff appeals.
1Opinion of the CourtDay, J.
Harvey D. Gay died in July, 1STS. Some time after his death, his widow, Virginia Gay, discovered a package of'papers in the secretary in the back parlor. Soon thereafter she gave the papers to Mr. Hawkins, the administrator of the estate. About the last of August, 1830, the administrator in looking over these papers, which consisted chiefly of canceled mortgages, found the paper in question, purporting to be the last will of Harvey D. Gay. When found, two scrolls were drawn with a pen lengthwise along the signature, but not in such manner as to obliterate it or render it illegible. The will…
2Cases cited7 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
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- Runkle v. GatesIndiana Supreme Court · 1858
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3Cited by15 opinions
- In re Will of DunahughSupreme Court of Iowa · 1906
- Will of LaddWisconsin Supreme Court · 1884
- Hoitt v. HoittSupreme Court of New Hampshire · 1885
- First Presbyterian Church v. HodgeSupreme Court of Iowa · 1949
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