Sevening v. Smith
Supreme Court of Iowa
Appeal from Benton District Court. — Iíon. J. M. Parker, Judge. This is a contest over the will of George Smith, deceased. Plaintiffs, who are contestants, are the daughters and grandchildren of the deceased. Defendant, George Henry Smith, is a grandson and one of the principal beneficiaries under the will, and the other defendants are the executors named in the will. The defendant, George Henry Smith, is a brother of the contesting grandchildren.
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Appeal from Benton District Court. — Iíon. J. M. Parker, Judge. This is a contest over the will of George Smith, deceased. Plaintiffs, who are contestants, are the daughters and grandchildren of the deceased. Defendant, George Henry Smith, is a grandson and one of the principal beneficiaries under the will, and the other defendants are the executors named in the will. The defendant, George Henry Smith, is a brother of the contesting grandchildren. The grounds for the contest are the mental unsoundness and incapacity of the testator. In one of the pleadings filed it is charged that he was…
1Opinion of the CourtDeemer, J.
Testator died June 20, 1909, at the age of eighty-one years. For many years prior thereto he had been afflicted with chronic bronchitis and orgadic heart trouble, but had been able to be about and to attend to his ordinary'affairs down to within a few weeks of the time of his death. The will in controversy was executed March 5, 1909. It was drawn at testator’s direction by one John Smith, the cashier of a bank in the town of Norway, duly signed by the testator, and properly witnessed. By the terms of this instrument he gave his wife all the household goods, and bequeathed to his grandson,…
2Cases cited14 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Meyer v. HouckSupreme Court of Iowa · 1892
- Denning v. ButcherSupreme Court of Iowa · 1894
- Manatt v. ScottSupreme Court of Iowa · 1898
- Gates v. ColeSupreme Court of Iowa · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Will of RichardsonSupreme Court of Iowa · 1925
- In re Estate of SmithSupreme Court of Iowa · 1914
- Byrne v. ByrneSupreme Court of Iowa · 1919
- In Re Will of DiverSupreme Court of Iowa · 1932
- In Re Will of JohnsonSupreme Court of Iowa · 1926
10 more not listed; retrieve them via the Exa API.