Leighton v. Leighton
Supreme Court of Iowa
Appeal from Wapello District Court. — C. W. Vermilion, Judge. Action in equity, to construe tlie will of Alvin C. Leighton, deceased. The plaintiff first appealed from the decree of the district court, and is the appellant. Others of the defendants, as indicated in the title, thereafter served notice of appeal, and will be referred to as cross-appellants. Others of the defendants have not appealed.
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Appeal from Wapello District Court. — C. W. Vermilion, Judge. Action in equity, to construe tlie will of Alvin C. Leighton, deceased. The plaintiff first appealed from the decree of the district court, and is the appellant. Others of the defendants, as indicated in the title, thereafter served notice of appeal, and will be referred to as cross-appellants. Others of the defendants have not appealed. The issues, facts, and findings of the trial court are set out in the opinion. —
1Opinion of the CourtPreston, J.
— We find this statement in the somewhat extended opinion of the trial court, in regard to the will and three codicils probated as the will of deceased:
“These four documents, when taken together, as they must be, constitute a truly bewildering attempt at a testamentary disposition of property. It is impossible to avoid some expression of the amazement inevitable upon discovering that a businessman, capably of accumulating so large an estate, could so befog its final disposition. A further commentary upon the futility of the effort evidenced by the document in hand is suggested by the fact…
2Cases cited4 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Ruch v. BieryIndiana Supreme Court · 1887
- Paulson v. PaulsonWisconsin Supreme Court · 1906
- In re Estate of BaggerSupreme Court of Iowa · 1889
3Cited by27 opinions
- Davis v. MitchellCourt of Appeals of Tennessee · 1943
- Bankers Trust Company v. AllenSupreme Court of Iowa · 1965
- In Re Estate of CocklinSupreme Court of Iowa · 1945
- Packer v. OvertonSupreme Court of Iowa · 1925
- In Re Estate of BarnesSupreme Court of Iowa · 1964
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