Bates v. Officer
Supreme Court of Iowa
Appecd from Oerro Gordo Circuit Cowrt. Isaac Spender made his last will and testament on the fifth day of April, 1883, and afterwards died. The will was filed in the office of the clerk of the circuit court for probate. The testator, after making provision for his wife, gave all of the residue of his estate, real and personal, to his four children. One of these children was described in the will as an adopted daughter, named Gr. S. Bates.
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Appecd from Oerro Gordo Circuit Cowrt. Isaac Spender made his last will and testament on the fifth day of April, 1883, and afterwards died. The will was filed in the office of the clerk of the circuit court for probate. The testator, after making provision for his wife, gave all of the residue of his estate, real and personal, to his four children. One of these children was described in the will as an adopted daughter, named Gr. S. Bates. She is tbe wife of one Curtis Bates, wlio was one of the attesting witnesses to the will. The defendant, who is one of the testator’s children, contested…
1Opinion of the CourtRothrook, J.
-The court permitted the attesting witness Bates to testify as a witness to the execution of the will. His evidence was objected to, and the question as to his competency as a witness is the only one involved in the appeal. It is urged that Bates was not a competent attesting witness, because his wife was a devisee under the will, and therefore the husband was interested in maintaining the will. We had occasion, in the case of Hawkins v. Hawkins, 54 Iowa, 443, to examine the question as to whether a wife is a competent subscribing witness to a will in which her husband is a legatee, and we…
2Cases cited2 opinions
- In re the Will of HulseSupreme Court of Iowa · 1879
- Hawkins v. HawkinsSupreme Court of Iowa · 1880
3Cited by11 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Gamble v. ButcheeTexas Supreme Court · 1895
- Harris v. SchoonmakerWyoming Supreme Court · 1936
- O'Connell v. DeightonSupreme Court of Iowa · 1931
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