Kelly v. Kelly
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. R. P. Howell, Judge. Action to set aside a will. Demurrer to the petition sustained, and plaintiffs appeal.
1Opinion of the CourtWeaver, J.
Margaret Kelly died testate October 31, 1910. She was unmarried and childless. Her only surviving heirs were her four brothers, James, Thomas F., John and *57Patrick. By -the terms of her will she gave the bulk of her property to James and Thomas F., making no mention of either John or Patrick. The instrument having been filed for probate, due notice of the proceeding was personally served in this state upon all the heirs, including John and Patrick. No objections were filed by any of the heirs, and upon the usual proof of its due execution the will was admitted to probate at the January, 1911,…
2Cases cited13 opinions
- Wall v. WallMississippi Supreme Court · 1855
- Kirsher v. KirsherSupreme Court of Iowa · 1903
- Lorieux v. KellerSupreme Court of Iowa · 1857
- Leighton v. OrrSupreme Court of Iowa · 1876
- Knox v. PaullSupreme Court of Alabama · 1891
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3Cited by9 opinions
- In Re Estate of PierceSupreme Court of Iowa · 1953
- Ritter v. DagelSupreme Court of Iowa · 1968
- Blakely v. CabelkaSupreme Court of Iowa · 1928
- In Re Estate of HustonSupreme Court of Iowa · 1947
- Lambert v. KempthorneSupreme Court of Iowa · 1920
4 more not listed; retrieve them via the Exa API.