Collins v. Brazill
Supreme Court of Iowa
Appeal from Polk Circuit Court. This was a proceeding in the court below for the probate of the will of Lizzie Collins. The cause was tried to a jury, and a verdict had for the defendant, which, upon motion of plaintiff, was set aside. Defendant appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. .The testator, a young lady of about twenty-one years of age, during her last illness, or shortly before her death, executed a will, leaving all her property to defendant. The probate of the will was resisted by plaintiffs, a brother a,nd sister of the testator, on the grounds, as we understand the record, of undue influence exerted to induce her to execute the will, and that she did not at the time possess capacity to dispose of her property, on account of the impairment of her mind by reason of her sickness. The plaintiffs demanded a jury, under Code, section 2340, to whom the issues…
2Cited by8 opinions
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- Shaw v. AddisonSupreme Court of Iowa · 1945
- In re Peck's EstateSupreme Court of Vermont · 1913
- Woodville v. MorrillSupreme Court of Minnesota · 1915
- Loomis v. Des Moines News Co.Supreme Court of Iowa · 1900
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