Legal Opinion
In Re Estate of Hermence
Supreme Court of Iowa
Decided October 17, 1944No. Nos. 46520, 46521, 46522PublishedCited by 18 opinions
1Opinion of the CourtGarfield, J.
Two vital questions are presented: First, does Rule 177, Iowa Rules of Civil Procedure, effective July 4, 1943, requiring a written demand for a jury trial, apply to a will contest? Second, do the provisions of said rules regarding pleading apply to a will contest? There is also involved a contention concerning the doctrine, the law of the case.
Testator died in April 1943. On May 1st his will was filed, together with an application by his widow for its admission to probate. On July 21, 1943, an out-of-state attorney filed objections to its probate on behalf of an heir, Ted Bowers. The…
2Cases cited12 opinions
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Soppe v. SoppeSupreme Court of Iowa · 1943
- Thompson v. RomackSupreme Court of Iowa · 1916
- Buttman v. ChristySupreme Court of Iowa · 1924
- In Re Estate of DuffySupreme Court of Iowa · 1940
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Matter of Estate of HermSupreme Court of Iowa · 1979
- In Re Estate of SwansonSupreme Court of Iowa · 1948
- State v. GrosvenorSupreme Court of Iowa · 1987
- Woods v. SchmittSupreme Court of Iowa · 1989
- State ex rel. Village of Los Ranchos de Albuquerque v. City of AlbuquerqueNew Mexico Supreme Court · 1994
13 more not listed; retrieve them via the Exa API.