In re Estate of Kah
Supreme Court of Iowa
Appeal from Wayne District Gowrt.— HoN. H. M. TowNer, Judge. IN a proceeding for the probate of the will of Mary M. Kah, offered for probate by A. M. McDonald and wife and John Krause and wife, devisees and legatees under the will, the respective wives being the daughters of the last husband of testatrix by a former marriage, there was a contest by Maria L. Houston, a cousin of the testatrix, and her heir, on the ground that testatrix was of unsound mind when the will was…
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Appeal from Wayne District Gowrt.— HoN. H. M. TowNer, Judge. IN a proceeding for the probate of the will of Mary M. Kah, offered for probate by A. M. McDonald and wife and John Krause and wife, devisees and legatees under the will, the respective wives being the daughters of the last husband of testatrix by a former marriage, there was a contest by Maria L. Houston, a cousin of the testatrix, and her heir, on the ground that testatrix was of unsound mind when the will was executed, and that said will was procured by undue influence and fraud of said devisees. On the issues raised by this…
1Opinion of the CourtMcClain, J.
1. Wills: Undue influence: instruction. I. On tbe issue as to undue influence the court instructed the jury that if they found the testatrix, at the time of the execution of the will, to have been of weak mind as the result of sickness, trouble, or grief, so as to be easily imposed upon and easily influenced, and if there was proof of circumstances establishing undue influence, then the will should be set aside, and that it was not necessary to prove absolute imbecility or incompetency of mind to sustain such finding. Complaint is made of the instruction in which this language is used, on the…
2Cases cited11 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Manatt v. ScottSupreme Court of Iowa · 1898
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1905
- Johnson v. JohnsonSupreme Court of Iowa · 1907
- Stephenson v. StephensonSupreme Court of Iowa · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- In Re Shipman's EstateSupreme Court of Oklahoma · 1938
- Wendt v. FossSupreme Court of Iowa · 1913
- Hughes v. SilversSupreme Court of Iowa · 1915
- Day v. SmithWyoming Supreme Court · 1934