Byrne v. Byrne
Supreme Court of Iowa
Appeal from Pocahontas District Court. — James DbLand, Judge. Matthew Byrne was twice married. He died, leaving him surviving several children of his first marriage, and the wife and two children of his second marriage. By his will he provided a life support of $25 per month for one child of his first marriage, and a legacy of $15 each to the other children of that union.
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Appeal from Pocahontas District Court. — James DbLand, Judge. Matthew Byrne was twice married. He died, leaving him surviving several children of his first marriage, and the wife and two children of his second marriage. By his will he provided a life support of $25 per month for one child of his first marriage, and a legacy of $15 each to the other children of that union. Subject to these gifts, and the payment of his debts, his entire estate was bequeathed and devised to his widow and the two sons of the last marriage. The will being offered for probate, the children of the first marriage,…
1Opinion of the CourtWeaver, J.
The will in question was executed March 1, 1913, and the testator died January 29, 1917, at the age of 70 years. The contestants allege, and the jury found, that, at the date of said instrument, Matthew Byrne was of unsound mind, to an extent rendering him incapable of making an intelligent disposition of his estate. The evidence offered in support of this claim involves, to a large extent, the story of this man’s life in its entirety. Many alleged incidents relating to his acts, words, and conduct during the period of 40 years or more preceding his death are testified to with particularity…
2Cases cited9 opinions
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Gates v. ColeSupreme Court of Iowa · 1908
- Zinkula v. ZinkulaSupreme Court of Iowa · 1915
- Bales v. BalesSupreme Court of Iowa · 1914
- Speer v. SpeerSupreme Court of Iowa · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Estate of HellerSupreme Court of Iowa · 1943
- Sutherland State Bank v. FurgasonSupreme Court of Iowa · 1922
- In Re Estate of KennySupreme Court of Iowa · 1943
- Stephenson v. StephensonSupreme Court of Iowa · 1956
- Cookman v. BatemanSupreme Court of Iowa · 1930
14 more not listed; retrieve them via the Exa API.