Legal Opinion

Probate of the Will of Wiltsey v. Wiltsey

Supreme Court of Iowa

Decided January 26, 1904PublishedCited by 18 opinions

Appeal from, Hamilton District Court. — HoN. W. S. KeN-YON, Judge. This is a contest over tbe probate of wbat is claimed to be tbe last will and testament of Tolman Wiltsey, deceased.

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Appeal from, Hamilton District Court. — HoN. W. S. KeN-YON, Judge. This is a contest over tbe probate of wbat is claimed to be tbe last will and testament of Tolman Wiltsey, deceased. Contestants are tbe widow and beirs at law of Eugene Wilt-sey, now deceased, wbo, it is claimed, was tbe illegitimate son of Tolman Wiltsey, and they object to the probate of the will for the reason that Tolman Wiltsey was unsound of mind when his will was executed, and was unduly influenced by the beneficiaries under the will to make division in their favor and to disinherit the said Eugene. On these issues the…

1Opinion of the CourtDeeMEr, C. J.

Tolman Wiltsey died some time in the year 1900, leaving what purported to be a last will and testament, which disposed of his personal property only. Deceased was never married, and by the provisions of the will he gave the greater part of his personal estate to his nephews and nieces. On the 1st day of October, 1900, Eugene Wilt-sey filed objections to the probate of the will, in which he claimed that he was the illegitimate son of Tolmon Wiltsey, and that at the time of the making of the will Tolman was of unsound mind, and was unduly influenced to make the will as he did. Afterwards, and…

2Cases cited12 opinions

  1. Ferry v. CampbellSupreme Court of Iowa · 1900
  2. Storrs v. St. Luke's HospitalIllinois Supreme Court · 1899
  3. Brewer v. BarrettCourt of Appeals of Maryland · 1882
  4. Muir v. MillerSupreme Court of Iowa · 1887
  5. Phinny v. WarrenSupreme Court of Iowa · 1879

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3Cited by18 opinions

  1. Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
  2. Johnson v. JohnsonSupreme Court of Iowa · 1907
  3. Estate of Wind v. WindWashington Supreme Court · 1947
  4. Ross v. RossSupreme Court of Iowa · 1908
  5. Wiltsey v. WiltseySupreme Court of Iowa · 1906

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