Legal Opinion

Davis v. Davis

Supreme Court of Iowa

Decided February 19, 1916PublishedCited by 13 opinions

Appeal from Jones District Court. — F. O. Ellison, Judge. Trial on objections to probate of will. Yerdict for proponents by direction of the court. Contestants appeal.—

1Opinion of the CourtSalinger, J.

I. The objections made, as defined by the brief of appellants, are: (1) That by reason of the great age of decedent, 89 years, her mind was enfeebled; that for many years she had been afflicted with a bodily ailment which also affected her mind, so that she did not have mental capacity sufficient to understand the nature of the transaction and to execute a will; (2) that decedent was under the complete control of her husband; that he exercised undue influence *400-over'her by which her will was overcome; that she had no exercise of a free will on her part; and that the alleged will was caused to…

2Cases cited13 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  3. Perkins v. PerkinsSupreme Court of Iowa · 1902
  4. Gates v. ColeSupreme Court of Iowa · 1908
  5. Estate of Townsend v. TownsendSupreme Court of Iowa · 1905

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. StumpSupreme Court of Iowa · 1963
  2. Reynolds v. HenrySupreme Court of Iowa · 1921
  3. In Re Smith's WillSupreme Court of Iowa · 1953
  4. State v. WharffSupreme Court of Iowa · 1965
  5. Stover v. Central Broadcasting CompanySupreme Court of Iowa · 1956

8 more not listed; retrieve them via the Exa API.

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