In re Will of Norman
Supreme Court of Iowa
Appeal from Jasper Circuit Court. Mary U orman executed a will, by which she bequeathed a life-estate in certain real estate to her husband, Q. P. Norman, with remainder to C. R. Graham and Patrick Shea. She died a few days after the execution of the will.
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Appeal from Jasper Circuit Court. Mary U orman executed a will, by which she bequeathed a life-estate in certain real estate to her husband, Q. P. Norman, with remainder to C. R. Graham and Patrick Shea. She died a few days after the execution of the will. At the time fixed for proving the will the husband appeared, and contested on the ground that the testatrix, at the time it was signed, was of unsound mind, and incapable of making a will, and that she executed the instrument under undue influence. The issue was tried to the court without the intervention of a jury, and the court found that…
1Opinion of the CourtReed, J.
As the court based the order refusing to admit the will to probate on the finding that the testatrix, at the time she signed the instrument, was incapable, owing to unsoundness of mind, of executing a will, we will assume, (although the judgment record is silent on the subject) that it found against the contestant on the other ground alleged. "We will not, therefore, consider those errors assigned which relate to rulings made upon questions arising upon the trial of that issue; for, as the finding of the court is assumed to have been in favor of the proponents on that issue, they were not…
2Cases cited2 opinions
- Severin v. ZackSupreme Court of Iowa · 1880
- State v. StickleySupreme Court of Iowa · 1875
3Cited by17 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Denning v. ButcherSupreme Court of Iowa · 1894
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
- Hall v. RankinSupreme Court of Iowa · 1893
- Olson v. OlsonSupreme Court of Iowa · 1951
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