Otto v. Doty
Supreme Court of Iowa
Appeal from Story District Court. Action to obtain possession of a tract of land in Story-county. Both plaintiff and defendants claim under one J". R. Doty, now deceased. The plaintiff claims as devisee of J. R. Doty. The defendant, J. W. Doty, claims under an alleged deed of the land from J. R. Doty.
Read the full summary
Appeal from Story District Court. Action to obtain possession of a tract of land in Story-county. Both plaintiff and defendants claim under one J". R. Doty, now deceased. The plaintiff claims as devisee of J. R. Doty. The defendant, J. W. Doty, claims under an alleged deed of the land from J. R. Doty. He claims, also, in case the deed should be found invalid, as the equitable owner by purchase and payment; and, in case it should be found that lie is not a purchaser, he claims as father and heir of J. R. Doty. The defendants dispute the validity of the will, and the plaintiff disputes tbe…
1Opinion of the CourtAdams, J.
— J". R. Doty died in September, 1877, .in Memphis, Tenn. The day before he died lie made the will in question, whereby he bequeathed and devised all his property to the plaintiff, Mrs. Josephine Otto,, then residing in Lousiana, but now in Wisconsin. He left no wife nor children. He had formed, as the evidence shows, a very strong attachment to Mrs. Otto, a widow, .and had made to her a proposal of marriage. The defendants aver that the testator was a monomaniac on the subject of religion, and also that the execution of the will was obtained by undue influence.
1. will: insanity:…
2Cases cited2 opinions
- Lynch v. MillerSupreme Court of Iowa · 1880
- Ward v. BakerSupreme Court of Kansas · 1876
3Cited by35 opinions
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- Furenes v. EideSupreme Court of Iowa · 1899
- Holyoke v. Estate of HolyokeSupreme Judicial Court of Maine · 1913
- Coomes v. FineganSupreme Court of Iowa · 1943
- Henderson v. JacksonSupreme Court of Iowa · 1907
30 more not listed; retrieve them via the Exa API.