Parsons v. Parsons
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. What purported to be tbe last will of Jobn R. Parsons was filed in tbe circuit court, and plaintiffs, as proponents, asked that the same be established and admitted to probate. Tbe defendants, as contestants, objected to tbe admission of tbe proposed will to probate.
Read the full summary
Appeal from Jefferson Circuit Court. What purported to be tbe last will of Jobn R. Parsons was filed in tbe circuit court, and plaintiffs, as proponents, asked that the same be established and admitted to probate. Tbe defendants, as contestants, objected to tbe admission of tbe proposed will to probate. They admitted that it had been duly executed, but pleaded that the testator “was not of sound and disposing mind and memory at the time of the execution of said will, and that undue control and influence over him were used by John J. Parsons and his wife Mary, and Baldwin Parsons and his wife…
1Opinion of the CourtSeevers, J.
i wild: santor? evT-ta" peteno/oi1" witness?1118 I. One of the subscribing witnesses to the will was introduced as a witness by the defendants, and was asked to state the condition of the testator’s “ mind at the time the will was executed; whether sound or not.” This question was objected to on the ground that the witness could not give an opinion as tó the sanity of the testator. The objection wras overruled. The objection made in the district court is renewed here, and it is insisted that the witness was not introduced as an expert, and, therefore, could only testify to facts. In support…
2Cases cited9 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Rice v. RiceMichigan Supreme Court · 1883
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Denning v. ButcherSupreme Court of Iowa · 1894
- Manatt v. ScottSupreme Court of Iowa · 1898
- In re the Estate of GoldthorpSupreme Court of Iowa · 1895
- James v. FairallSupreme Court of Iowa · 1912
18 more not listed; retrieve them via the Exa API.