Havelick v. Havelick
Supreme Court of Iowa
Appeal from Chiclcasaw District Court. This was a proceeding by the children, to set aside an instrument, and the allowance thereof by the County Court, purporting to be the last will and testament of their father, Malichi Havelick.
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Appeal from Chiclcasaw District Court. This was a proceeding by the children, to set aside an instrument, and the allowance thereof by the County Court, purporting to be the last will and testament of their father, Malichi Havelick. The grounds alleged are, that the testator had not, at the time of making said will, a sound and disposing mind; because the execution of the ■ same was obtained by the fraud of the defendant (the executrix) and others; and alleging a want of notice of probate of the same. Issue was taken, which was tried by a jury; verdict for plaintiff, j udgment accordingly,…
1Opinion of the Court
Wright, Ch. J.
1. Will: practice. I. The Revision (§ 2829) declares that wills proved and allowed by the County Court are to be carried into effect; and such allowance shall jjg taken as evidence of the due execution of the same, unless set aside by an original or appellate proceeding in the District Court. The petitioners were, therefore, not confined to their appellate remedy after the allowance of the will by the County Court, but could properly commence this their original action to set the same aside.
2. Practice: exceptions. II. Appellant in argument objects to the refusal of the court to…
2Cited by8 opinions
- In Re Estate of HustonSupreme Court of Iowa · 1947
- Gilruth v. GilruthSupreme Court of Iowa · 1875
- Kelly v. KellySupreme Court of Iowa · 1912
- Sisters of Visitation v. GlassSupreme Court of Iowa · 1876
- Gregg v. MyattSupreme Court of Iowa · 1889
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