Murphy v. Black
Supreme Court of Iowa
Appeal from Appanoose Gireuit Qov/rt. On tbe llfcli day of June, 1874, an instrument-of writing, purporting to be tbe last will and testament of Jane Murpby, deceased, was filed in the office of tbe clerk of tbe Circuit Court of Appanoose county, and tbe clerk thereupon fixed a day for tbe proof of the execution of said will, and caused to be published due notice thereof.
Read the full summary
Appeal from Appanoose Gireuit Qov/rt. On tbe llfcli day of June, 1874, an instrument-of writing, purporting to be tbe last will and testament of Jane Murpby, deceased, was filed in the office of tbe clerk of tbe Circuit Court of Appanoose county, and tbe clerk thereupon fixed a day for tbe proof of the execution of said will, and caused to be published due notice thereof. At tbe proper time Paul Black, and James, John, Martha, and Mary Black, by their next friend, Paul Black, appeared, and filed objections to tbe admitting of tbe will to probate. To tbes.e objections a demurrer was filed,…
1Opinion of the CourtDay, J.
— Appellants claim that the will of Jane Murphy, and the joint will of James and Jane Murphy, must be construed together, and that the effect of them is to give a life estate to James Murphy, with remainder in fee to the children of Paul Black. The effect of these wills can be determined only by construction. It was no part of the duty of the probate court to place a construction upon them when they were offered for probate. The court determined that the' joint instrument should be admitted as duly executed. That is, that the persons executing it were of sound mind, not under any undue…
2Cited by5 opinions
- In re Will of TinsleySupreme Court of Iowa · 1919
- In Re Estate of HustonSupreme Court of Iowa · 1947
- Taylor v. HiltonSupreme Court of Oklahoma · 1909
- Niemand v. SeemannSupreme Court of Iowa · 1907
- In re MurfieldSupreme Court of Iowa · 1888