Law v. Jones
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James P. Hewitt, ■ Judge. This is a contest over what purports to be the last will and testament of Andrew Law, deceased. The will was exe-' euted in April of tbe year 1903, and a duly executed codicil was attached some time1 in the year 1909. Contestants claimed that testator was unsound of mind at the time both will and codicil were executed, and also that the execution thereof was brought about by undue influence.
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Appeal from Polk District Court. — Hon. James P. Hewitt, ■ Judge. This is a contest over what purports to be the last will and testament of Andrew Law, deceased. The will was exe-' euted in April of tbe year 1903, and a duly executed codicil was attached some time1 in the year 1909. Contestants claimed that testator was unsound of mind at the time both will and codicil were executed, and also that the execution thereof was brought about by undue influence. The case was tried to the jury upon the issue of mental capacity; the issue of undue influence having been withdrawn by the trial court.…
1Opinion of the CourtDeemer, J.
1. wills : contes : capacity : evidence. I. At the time of the execution of the will testator was about seventy-one years of age, and the codicil was executed about six years thereafter. He died in Feb-ruary of the year 1910 at the age of seventyeight years. It is claimed that he was unsound of mind at the time of the execution of both will and codicil, and testimony was adduced to show that he was afflicted with senile dementia. As the chief point made by appellant for a reversal is the insufficiency of the testimony to take the case to the jury, and to sustain the verdict returned, we have…
2Cases cited11 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Meeker v. MeekerSupreme Court of Iowa · 1888
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Betts v. BettsSupreme Court of Iowa · 1901
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3Cited by2 opinions
- Cookman v. BatemanSupreme Court of Iowa · 1930
- In Re Will of ShieldsSupreme Court of Iowa · 1929