Thomas v. Thomas
Supreme Court of Iowa
Appeal from Harrison Distñct Court.— Hon. N. W. Macy. Judge. Actíon in equity to'establish a lost will, and for probate thereof. There was a decree dismissing, the petition, and plaintiffs appeal.—
1Opinion of the CourtBishop, J.
The fact that in thé yéar 1901 Thomas-Thomas, then living in Harrison county, this State, executed a will, is not seriously in dispute. And there is evidence of the contents of such will. Shortly thereafter said Thomas removed to the State of Missouri, where his wife, Elizabeth, and the principal devisee under the will, died in March, 1902. In March, 1903, Thomas returned to Harrison coun-' ty, and while there died. When executed, the will was given into the custody of Elizabeth Thomas. After the death of Thomas Thomas thorough search was made for the will, and it could not be found.
It…
2Cases cited4 opinions
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- Stetson v. StetsonIllinois Supreme Court · 1903
- Altman v. City of DubuqueSupreme Court of Iowa · 1900
3Cited by9 opinions
- Goodale v. MurraySupreme Court of Iowa · 1940
- In Re CalefNew Jersey Superior Court Appellate Division · 1931
- In re the Estate of ThormanSupreme Court of Iowa · 1913
- Washington v. DrakeNebraska Supreme Court · 1948
- Iowa Wesleyan College v. JacksonSupreme Court of Iowa · 1957
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