Beebe v. McFaul
Supreme Court of Iowa
Appeal from Woodbury District Court.— Hon. G. W. Wakefiexd, Judge. Proceedings for the probate of an instrument purporting to be the last will of Christian Jacobson, an unmarried man, about JO years of age, who died February 6, 1901, in Woodbury county, leaving no heirs, so far as known.
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Appeal from Woodbury District Court.— Hon. G. W. Wakefiexd, Judge. Proceedings for the probate of an instrument purporting to be the last will of Christian Jacobson, an unmarried man, about JO years of age, who died February 6, 1901, in Woodbury county, leaving no heirs, so far as known. On March 19, 1901, an instrument purporting to be the last will of said Jacobson was admitted to probate in said county, without contest, and the defendants in this proceeding, Niles A. McFaul and D. S. Lewis, were appointed executors thereof. In December, 1901, these plaintiffs, W. Ii4 Beebe, and Alice…
1Opinion of the Court
Bishop, J., ,„r 1. Waiver of ob-court. T. Omitting the prefatory clause, the instrument now produced reads as follows: “ I want all the bequests I had T. A. Kinney to write in his little red-backed book tó be paid first, including the pallbearers, honest debts. * * * All the balanee of my property to be divided equally between the following named parties, to-wit:” [Then follow the names of about one hundi*ed persons, including the names of plaintiffs.] Nothing corresponding to a “ little red-backed book” was filed with the alleged will, and, on motion of defendants, a rule issued requiring…
2Cases cited3 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Allen v. SeawardSupreme Court of Iowa · 1892
- Will v. NicholsonSupreme Court of Iowa · 1904
3Cited by4 opinions
- In Re Klein's EstateSupreme Court of Iowa · 1950
- Philpott v. JonesSupreme Court of Iowa · 1914
- Gruwell v. HendershottSupreme Court of Iowa · 1907
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1941