Will of Downs v. Burgess
Supreme Court of Iowa
Appeal from Washington District Court. — Hon. K. E. Wilcockson, Judge. In a proceeding for probate of will, contested on grounds of undue influence and want of mental capacity, there was a verdict for contestants, with a special finding in their favor on each ground. From judgment on such verdict the proponents appeal. —
1Opinion of the Court
McClain, J. —
Appellee’s motion to dismiss the appeal, submitted with the case, is based on the ground that the notice of appeal was not served on two parties to the proceeding who were coparties with appellants. As to this matter the facts appearing in the record are as follows: In February, 1907, an instrument purporting to be the last will of Mary Downs, deceased, and appearing to have been duly executed, was filed with the clerk of the district court of Washington County for probate. Mrs. Kate Burgess and W. S. Downs, heirs of testatrix, each filed objections to the probate of the will,…
2Cases cited3 opinions
- Lippold v. LippoldSupreme Court of Iowa · 1900
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Dillavou v. DillavouSupreme Court of Iowa · 1906
3Cited by12 opinions
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- Taylor v. Woodburn BankSupreme Court of Iowa · 1924
- In Re Estate of ShumakerSupreme Court of Iowa · 1943
- McCarty v. CampbellSupreme Court of Iowa · 1914
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