Johnson v. Johnson
Supreme Court of Iowa
Appeal from Sac District Gourt.— Hon. P. M. Powers, Judge. Hannah Johnson died leaving her surviving a husband, Lawrence Johnson, and their two sons, Clarence H. and Joel Johnson. Her will was filed for probate March I, 1905, and by its terms gave all her property to Clarence for use during his life and upon his death to his children. It recited that no provision for Joel was made, “ he having received his share of my property.”
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Appeal from Sac District Gourt.— Hon. P. M. Powers, Judge. Hannah Johnson died leaving her surviving a husband, Lawrence Johnson, and their two sons, Clarence H. and Joel Johnson. Her will was filed for probate March I, 1905, and by its terms gave all her property to Clarence for use during his life and upon his death to his children. It recited that no provision for Joel was made, “ he having received his share of my property.” Joel objected to the probate of the paper as the will of the deceased, on the ground that it was the result of undue influence exerted by his father upon the…
1Opinion of the CourtLadd, J.
1. Wills: undue influence evidence. There was no substantive evidence that Lawrence Johnson, husband of the deceased, ever exerted any undue influence over her to induce the execution of the will. That its provisions Were Unequal when considered with reference to those having claims on her bounty may be conceded. When equality is intended, there is little or no occasion for the execution of a will. The law wisely secures equality of distribution when a person dies intestate. Testamentary disposition of property is seldom entirely satisfactory to all having claims to consideration. The…
2Cases cited17 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Thompson v. IshSupreme Court of Missouri · 1889
- Horn v. . PullmanNew York Court of Appeals · 1878
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Sheehan v. KearneyMississippi Supreme Court · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- In Re Estate of John TelsrowSupreme Court of Iowa · 1946
- Graham v. CourtrightSupreme Court of Iowa · 1917
- Zinkula v. ZinkulaSupreme Court of Iowa · 1915
- In Re Rogers'estateSupreme Court of Iowa · 1951
22 more not listed; retrieve them via the Exa API.