Milburn v. Milburn
Supreme Court of Iowa
Appeal from, Lvrm Gvreuit Gov/rt. The defendant and proponent filed in the probate court a paper purporting to be the will of her deceased husband, Iiosea Milburn, and asked that the same might be admitted to probate. The plaintiff and contestant filed and pleaded certain matters which she claimed amounted to a revocation of the will, and objected to its probate. To the matter pleaded by the plaintiff, the defendant demurred, and the demurrer was sustained.
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Appeal from, Lvrm Gvreuit Gov/rt. The defendant and proponent filed in the probate court a paper purporting to be the will of her deceased husband, Iiosea Milburn, and asked that the same might be admitted to probate. The plaintiff and contestant filed and pleaded certain matters which she claimed amounted to a revocation of the will, and objected to its probate. To the matter pleaded by the plaintiff, the defendant demurred, and the demurrer was sustained. The plaintiff appeals.
1Opinion of the Court
Seeveks, Oh. <1.
— The plaintiff pleaded the will should not be admitted to probate because: “Since the making of said pretended last will and testament, to-wit, on or about the— day of September, A. D. 1874, at the residence of the said Hosea Mil-burn, in said county of Linn, this contestant was born; that she is the daughter of the said Hosea Milburn by Mary E. Baird (now Mary E. Brown), and was recognized by the said Hosea Milburn as his child, and such recognition was general and notorious.”
This defense was overruled, and the only question to be determined is whether the court erred in so…
2Cases cited2 opinions
- McGuire v. BrownSupreme Court of Iowa · 1875
- McCullum v. McKenzieSupreme Court of Iowa · 1868
3Cited by17 opinions
- Lansing v. HaynesMichigan Supreme Court · 1893
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- Alston v. AlstonSupreme Court of Iowa · 1901
- Johnson v. BodineSupreme Court of Iowa · 1899
- In Re Estate of ClarkSupreme Court of Iowa · 1940
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