Wiltsey v. Wiltsey
Supreme Court of Iowa
Appeal from Hamilton District Court.— Hon. J. R. Whitaker, Judge. Proceeding for the probate of the will of Tolman Wiltsey, deceased, proposed for probate by beneficiaries named in said will, and contested by the administratrix of the estate of Eugene Wiltsey, alleged to be the natural son of deceased, on the grounds of undue influence and want of testamentary-capacity.
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Appeal from Hamilton District Court.— Hon. J. R. Whitaker, Judge. Proceeding for the probate of the will of Tolman Wiltsey, deceased, proposed for probate by beneficiaries named in said will, and contested by the administratrix of the estate of Eugene Wiltsey, alleged to be the natural son of deceased, on the grounds of undue influence and want of testamentary-capacity. There was a verdict for contestant, and from the judgment refusing to admit the will to probate, the proponents appeal.
1Opinion of the CourtMcClain, C. J.
1. Administrators: failure to file bond: jurisdiction: collateral attack. I. At the beginning of the trial it was" objected by proponents that the contestant had not qualified as administratrix and had failed to give bond. After the examination of one witness for contestant (who had the opening and closing), it was made to appear that a bond had been filed by the administratrix and approved by the court. The record evidence introduced showed the appointment of contestant as administratrix of the estate of Eugene Wiltsey, deceased, and the issuance of letters to her as such administratrix with…
2Cases cited20 opinions
- Meeker v. MeekerSupreme Court of Iowa · 1888
- Manatt v. ScottSupreme Court of Iowa · 1898
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- Betts v. BettsSupreme Court of Iowa · 1901
- State v. McPhersonSupreme Court of Iowa · 1901
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- In Re Rogers'estateSupreme Court of Iowa · 1951
- In Re Estate of AnkenySupreme Court of Iowa · 1947
- Speer v. SpeerSupreme Court of Iowa · 1909
- Shaw v. DuroSupreme Court of Iowa · 1944
16 more not listed; retrieve them via the Exa API.