Legal Opinion

Mulligan v. Leonard

Supreme Court of Iowa

Decided October 18, 1877PublishedCited by 3 opinions

Appeal from Wapello Cwowit Court. This is a proceeding for the probate of a nuncupative will. Hpon a trial involving the merits of the case, the Circuit Court entered a decree establishing the will. Defendants appeal.

1Opinion of the CourtBeck, J.

*693i. wiltj : wiiat nuncupative testandi. *692I. The decedent, upon his death bed, expressed a desire that the children of a brother should have all his property. This wish was expressed more than once, and at *693one time, in response to a question asked him by a friend who was present, it is claimed that, he expressed the desire with the intention that his words should be understood as a disposition of his property in the nature ■of a nuncupative will; on the other hand, it is insisted they amount to an expression of his wishes, and nothing more. The physician who attended him testified as follows: “…

2Cases cited7 opinions

  1. Clemens v. PattersonSupreme Court of Alabama · 1863
  2. Arnett v. ArnettIllinois Supreme Court · 1862
  3. Hubbard v. . HubbardNew York Court of Appeals · 1853
  4. Sampson v. BrowningSupreme Court of Georgia · 1857
  5. Biddle v. BiddleCourt of Appeals of Maryland · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In Re Klein's EstateSupreme Court of Iowa · 1950
  2. Brown v. United StatesCourt of Appeals for the Ninth Circuit · 1933
  3. Parsons v. WassCuyahoga Circuit Court · 1905

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