Harrah v. Wharton ex rel. McLaughlin
Supreme Court of Iowa
Appeal from Jasper District Court.— Hon. Byron W. Preston, Judge. This is a proceeding for the probate of the will of Stephen Wharton, deceased, offered for probate by A. M. Harrah, devisee, who is also named as executor, to act without bond, and contested by George Wharton, his son, and Esther Wharton, his widow, who, having been adjudged insane, is represented by a guardian. The grounds of contest were want of mental capacity, and undue influence.
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Appeal from Jasper District Court.— Hon. Byron W. Preston, Judge. This is a proceeding for the probate of the will of Stephen Wharton, deceased, offered for probate by A. M. Harrah, devisee, who is also named as executor, to act without bond, and contested by George Wharton, his son, and Esther Wharton, his widow, who, having been adjudged insane, is represented by a guardian. The grounds of contest were want of mental capacity, and undue influence. There was a special ■ finding of want of mental capacity by the jury, a general verdict in favor of contestants, and a judgment entered on such…
1Opinion of the CourtMcClain, C. J.
Many errors are assigned as to the action of the trial court, and it will only be possible to discuss those which seem to this court to be of controlling importance.
1. Will contest: submission of issues. 1. Various objections are urged to the correctness of instructions on the issue as to undue influence, and as to the refusal of instructions on that subject, particularly an instruction withdrawing that issue from the , jury on the ground that there was no evidence to support the contest, but we do not find it necessary to notice these objections, for the court submitted to the jury separate…
2Cases cited15 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Manatt v. ScottSupreme Court of Iowa · 1898
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Connelly v. NolteSupreme Court of Iowa · 1946
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- In Re Estate of SpringerSupreme Court of Iowa · 1961
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- In Re Rogers'estateSupreme Court of Iowa · 1951
18 more not listed; retrieve them via the Exa API.