James v. Fairall
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. John F. Talbott, Judge. An action at law to set aside probate of will of Ellen J. Fairall, deceased, on the ground of fraud and undue influence. Trial to a jury. Verdict and judgment for defendants. Plaintiff appeals.
1Opinion of the CourtPreston, J.
The case has been here before. James v. Fairall, 154 Iowa 253. A general statement of the ease may be there found. Some of the points relied upon on this appeal are disposed of by the opinion on the former appeal. The writer is of opinion that the evidence was not sufficient to take the ease to the jury, but that question and some others are foreclosed by the determination of the first appeal.
lm ?<S?iusion: law ana fact. The first and principal error relied upon is in the refusal of the trial court to admit the testimony of George W. Fairall as to a conversation with the testatrix regarding…
2Cases cited13 opinions
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Matter of LasakNew York Court of Appeals · 1892
- Campbell v. CampbellIllinois Supreme Court · 1889
- Betts v. BettsSupreme Court of Iowa · 1901
- James v. FairallSupreme Court of Iowa · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. ManloveNew Mexico Court of Appeals · 1968
- In Re Estate of ConnerSupreme Court of Iowa · 1948
- In Re Smith's WillSupreme Court of Iowa · 1953
- In Re Estate of HollisSupreme Court of Iowa · 1944
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.