Gates v. Cole
Supreme Court of Iowa
Appeal from Boone District Court.— Hon. J. E. Whitaker, Judge. This is an action brought to set‘ aside the will of Matilda Cole, deceased, on the ground of mental incapacity and undue influence. There was a trial to a jury and a verdict against the will. The defendants, who were the proponents of the will, appeal.
1Opinion of the CourtSherwin, J.
Matilda Oole, the testator, died in December, 1905, leaving surviving her a son, David A. Cole, one of the defendants herein, and her daughter, Nancy C. Gates, one of the plaintiffs. Tim other plaintiffs are grandchildren of Matilda Oole. The deceased was the widow of Mathew E. Cole, who died intestate in 1887. After the death of her husband, Mrs. Cole continued to reside in the family homestead, and died there in December, 1905. She had lived where she died for about fifty years. The will in question was executed on the 29th day of June, 1903, and at that time she was past seventy-five years…
2Cases cited9 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Horn v. . PullmanNew York Court of Appeals · 1878
- Manatt v. ScottSupreme Court of Iowa · 1898
- Kirsher v. KirsherSupreme Court of Iowa · 1903
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1905
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3Cited by35 opinions
- In Re Estate of HellerSupreme Court of Iowa · 1943
- Wisner v. ChandlerSupreme Court of Kansas · 1915
- In Re Will of RichardsonSupreme Court of Iowa · 1925
- Sutherland State Bank v. FurgasonSupreme Court of Iowa · 1922
- In Re Ransom's EstateSupreme Court of Iowa · 1953
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