Seaward v. Carman
Supreme Court of Iowa
Appeal from Jackson District Court. — Hon. W. F. Brannan, Judge. What purported to be the last will and testament of Juliet Carman was made and executed on the twenty-fifth day of April, 1887, and she died on the fifteenth day of June in the same year. The will was presented for probate by her daughter, Maria J. Seaward.
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Appeal from Jackson District Court. — Hon. W. F. Brannan, Judge. What purported to be the last will and testament of Juliet Carman was made and executed on the twenty-fifth day of April, 1887, and she died on the fifteenth day of June in the same year. The will was presented for probate by her daughter, Maria J. Seaward. Charles P. Carman, a son of the deceased, contested the will upon the grounds that it was procured to be executed by undue influence, and that at the date of the instrument said Juliet Carman was-incapable of making a valid will by reason of the impaired and unsound condition…
1Opinion of the CourtRothrock, J.
I. It appears from the record that the cause was twice tried to a jury in the district court. In the first trial the jury failed to agree, and in the last the instrument in question was adjudged not to be the last will and testament of the deceased. The record, as presented in this court, is very voluminous. The appellant s abstract consists of more than two hundred *708and fifty pages of closely printed matter. In the trial of the case nearly all of the evidence introduced by the contestant was objected to by the proponent. Indeed, exceptions were taken to nearly all the rulings of the court,…
2Cases cited2 opinions
- Stephenson v. StephensonSupreme Court of Iowa · 1883
- Bates v. BatesSupreme Court of Iowa · 1869
3Cited by3 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Allen v. SeawardSupreme Court of Iowa · 1892
- Brown v. LambeSupreme Court of Iowa · 1903