Gilruth v. Gilruth
Supreme Court of Iowa
Appeal from Scott Circuit Gowrt. ON the second day of June, 1873, James H. Gilruth filed in the Scott Circuit Court an instrument in writing purporting to be the will of James Gilruth, deceased.
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Appeal from Scott Circuit Gowrt. ON the second day of June, 1873, James H. Gilruth filed in the Scott Circuit Court an instrument in writing purporting to be the will of James Gilruth, deceased. At the hearing for the probate of said will in the Circuit Court, Thomas W. Gilruth resisted the allowance of the same on grounds following: 1. That the testator was mentally incapacitated to mate the will. 2. That it was procured by the undue influence of James H. Gilruth, the son, and Mary Gilruth, the widow of the testator. The appellant demanded a jury trial as a matter of right. The court decided…
1Opinion of the CourtDay, J.
Prior to the enactment of Chapter 86, Twelfth General Assembly, the county court had jurisdiction of the probate of wills. Eevision, §§ 274 and 2304. In the county court, a trial.by jury could be demanded in those cases only in which such trial was expressly given. Eevision, § 273. Chapter 100 of the Eevision, containing the provisions for the probate of wills, does not confer the right of a trial by jury, and it may be assumed that in the county court, upon the question of the probate of a will, a jury could not be demanded. The admission of a will to probate was not, however, conclusive…
2Cases cited2 opinions
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Havelick v. HavelickSupreme Court of Iowa · 1865
3Cited by16 opinions
- Leighton v. OrrSupreme Court of Iowa · 1876
- Packer v. OvertonSupreme Court of Iowa · 1925
- Green v. SmithSupreme Court of Iowa · 1900
- In re Peck's EstateSupreme Court of Vermont · 1913
- Duffy v. DuffySupreme Court of Iowa · 1901
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