In re the Admission to Probate of the Last Will & Testament of Overpeck
Supreme Court of Iowa
Appeal from Hair dim, District Court. — Hon. R. M. Wright, Judge. This is a contest as to the admission to probate of an alleged will. The objections made to the probating of the instrument were that it was executed at a time when the testator was of unsound mind by reason of senile dementia, and that it was the result of undue influence exerted upon her by one Geo. Wolf, the principal beneficiary named therein.
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Appeal from Hair dim, District Court. — Hon. R. M. Wright, Judge. This is a contest as to the admission to probate of an alleged will. The objections made to the probating of the instrument were that it was executed at a time when the testator was of unsound mind by reason of senile dementia, and that it was the result of undue influence exerted upon her by one Geo. Wolf, the principal beneficiary named therein. There was a verdict for contestants, and the court entered judgment in accordance with such verdict, taxing the costs to said Wolf as proponent, and he appeals. — Reversed.
1Opinion of the CourtMcClain, J.
*4021. Wills: expert evidence: conclusion. *401I. Many objections are urged to'rul*402ings in regard to the admission or rejection of evidence, but an examination of the record satisfies us that they are without even plausible foundation, save the one directed to the action of the court in per- . . , . n . mitting a physician, testifying as an expert, to say that testatrix was not, at the time the will was executed, “in the condition to comprehend the value of her property and her estate, and the obligations she was under to those next to her or nearly related to her.” The ground of this objection is that…
2Cases cited6 opinions
- Gates v. ColeSupreme Court of Iowa · 1908
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1905
- Harrah v. Wharton ex rel. McLaughlinSupreme Court of Iowa · 1906
- Hanrahan v. O'TooleSupreme Court of Iowa · 1908
- Estate of Glass v. GlassSupreme Court of Iowa · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- In Re Estate of SpringerSupreme Court of Iowa · 1961
- In Re Rogers'estateSupreme Court of Iowa · 1951
- In Re Estate of AnkenySupreme Court of Iowa · 1947
- Gordon v. NoelSupreme Court of Iowa · 1984
12 more not listed; retrieve them via the Exa API.