In re the Will of Coffman
Supreme Court of Iowa
Appeal from Marion Eistrict Court. ■ UPON the hearing of the application to admit to probate the will of Henry Coffman, in the county court of Marion county, some of the heirs of the said Henry resisted the application, alleging as cause therefor, that at the time of making said will the testator was not of sound mind; that when it was executed, he had been sick of typhoid fever for about twenty days; that on the night previous to the execution of the same, he beoame…
Read the full summary
Appeal from Marion Eistrict Court. ■ UPON the hearing of the application to admit to probate the will of Henry Coffman, in the county court of Marion county, some of the heirs of the said Henry resisted the application, alleging as cause therefor, that at the time of making said will the testator was not of sound mind; that when it was executed, he had been sick of typhoid fever for about twenty days; that on the night previous to the execution of the same, he beoame suddenly worse with a hemorrhage of the lungs, one of the precursors of death in in that disease; that Catherine Coffman, his…
1Opinion of the CourtBaldwiN, J.
This case does not fall within the rule laid down by this court in the cases of Warner Adm. v. Pace, and Corner & Co. v. Gaston, 10 Iowa, pages 391 and 513, A motion for a new trial was made and overruled. The whole of the evidence introduced upon the trial in the District court is before us, and the question is fairly presented, whether the court exercised a proper and legal discretion in refusing to grant to plaintiff a new trial.
The cause in the District Court turned upon the one question, was the testator at the time he made his will of a sound and disposing mind? It is well settled that…
2Cited by2 opinions
- Stephenson v. StephensonSupreme Court of Iowa · 1883
- Kerkhoff v. MonkemeierSupreme Court of Iowa · 1920