McIntire v. McConn
Supreme Court of Iowa
Appeal from, General Term,, First District (Lee County). Action in chancery to set aside a will executed by one William M. Mclntire, deceased. The complainants are brothers and other collateral heirs of the decedent; the defendants are McConn, the residuary legatee named in the will, and Palmer, the executor.
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Appeal from, General Term,, First District (Lee County). Action in chancery to set aside a will executed by one William M. Mclntire, deceased. The complainants are brothers and other collateral heirs of the decedent; the defendants are McConn, the residuary legatee named in the will, and Palmer, the executor. The grounds of relief, as set out in the petition, are the want of a sound and disposing mind in the decedent, and that the will was the result of undue influence exercised by tlie residuary legatee upon the deceased, at the time of its execution. The District Court in the final decree…
1Opinion of the CourtBeck, J.
i. will: ais¿osing mma. This cause was argued at great length and with very great ability by the respective counsel of the parties. Rules and principles were discussed an{j examined, in the light of precedents, with the view of fixing the precise line that divides that con*481dition of mind which, in the law, is termed sound, and is held to be essential to support a will, from that other condition called unsotmd, which deprives its possessor of capacity to dispose of his estate. An effort was made, in a like manner, to determine the point at which influence, exerted upon the devisor, amounts to…
2Cases cited3 opinions
- Blanchard v. NestleNew York Supreme Court · 1846
- McDaniel ad. v. CrosbySupreme Court of Arkansas · 1858
- Harrison's willCourt of Appeals of Kentucky · 1841
3Cited by11 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Denning v. ButcherSupreme Court of Iowa · 1894
- Mallow v. WalkerSupreme Court of Iowa · 1901
- William L. Burkhalter v. Steven P. BurkhalterSupreme Court of Iowa · 2013
- Henderson v. JacksonSupreme Court of Iowa · 1907
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