Hawkins v. Hawkins
Supreme Court of Iowa
Appeal from, Lucas Circuit Cov/rt. .On the 22d day of February, 1879, Samuel Hawkins made his last will and testament. After making provisions for the erection of grave-stones and fences at the grave of his deceased wife and mother, and also his own, the will concluded as follows: “ The balance of my property to be divided as follows: $25 to J. O. Hawkins, my brother, and the balance’ divided between W. IT. Hawkins and Mary E. Barton, my brother and sister, W. IT.
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Appeal from, Lucas Circuit Cov/rt. .On the 22d day of February, 1879, Samuel Hawkins made his last will and testament. After making provisions for the erection of grave-stones and fences at the grave of his deceased wife and mother, and also his own, the will concluded as follows: “ The balance of my property to be divided as follows: $25 to J. O. Hawkins, my brother, and the balance’ divided between W. IT. Hawkins and Mary E. Barton, my brother and sister, W. IT. Hawkins getting $200 more than Mary E. Barton. “ I hereby appoint Isaac Yan Gilder my executor to eke-cute my will "after my…
1Opinion of the Court
Rotheook, J".
i. mix.: subscribing witness: bus-band and wile. "W. H. Hawkins was directly interested in the will as a legatee, and being a subscribing witness thereto he could derive no benefit therefrom, unless there . . were two other competent and disinterested wit-x nesses. Section 2327 of the Code provides that, “ no subscribing witness to any will can derive any benefit therefrom unless there be two disinterested and competent witnesses to the same.”
The only question to be determined then is, was T. C. Hawkins, the wife of "W. H. Hawkins, a disinterested and competent witness? That she…
2Cases cited1 opinion
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3Cited by9 opinions
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