Ross v. Ross
Supreme Court of Iowa
Appeal from Plymouth District Court.- — -IIon. Wm. Hutchinson, Judge. This is a contest over the will of Duncan Boss, deceased. It is claimed that testator was unsound of mind when ho made the will, and that the same was the result of fraud and undue influence exercised by Boyson and Bobert Boss and other persons unknown. Defendants are beneficiaries under the will, and they were also named as executors, and as such they offered the will for probate.
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Appeal from Plymouth District Court.- — -IIon. Wm. Hutchinson, Judge. This is a contest over the will of Duncan Boss, deceased. It is claimed that testator was unsound of mind when ho made the will, and that the same was the result of fraud and undue influence exercised by Boyson and Bobert Boss and other persons unknown. Defendants are beneficiaries under the will, and they were also named as executors, and as such they offered the will for probate. Under the issues joined the case was submitted to a jury, resulting in a verdict and judgment for proponents and an order admitting the will to…
1Opinion of the CourtDeemer, J.
— Truncan Boss died in Plymouth County, Iowa, April 21, 1906, having made what purported to *53be his last will and testament on the 6th day of January, 1905. lie was something like ninety-five years of age when he died, and left surviving five sons, James, Boyson, Robert, Walter W., and John M. Ross, and two daughters, Margaret Massey and Susan Hardy. Jessie Ross, another daughter, who married one Smith, died many years before testator’s death, leaving a large family of children. Dan Ross, another son, died unmarried in the year 1871, and Duncan Ross, Jr., another son, died before the testator,…
2Cases cited14 opinions
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Alger v. MerrittSupreme Court of Iowa · 1864
- Fothergill v. FothergillSupreme Court of Iowa · 1905
- In re Will of AmesSupreme Court of Iowa · 1879
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- William L. Burkhalter v. Steven P. BurkhalterSupreme Court of Iowa · 2013
- Ball v. JamesSupreme Court of Iowa · 1916
- McCarty v. WeatherlySupreme Court of Oklahoma · 1922
- Philpott v. JonesSupreme Court of Iowa · 1914
- Storbeck v. FridleySupreme Court of Iowa · 1949
18 more not listed; retrieve them via the Exa API.