Legal Opinion

Farrell v. Leighton

Supreme Court of Iowa

Decided September 19, 1878PublishedCited by 4 opinions

Appeal from Lee Circuit Court. On tlie 17th clay of August, 1874, a paper purporting tobe the last will and testament of Bernard Slaven, deceased, was filed for probate in the court below. Margaret Farrell,. a minor, was one of the beneficiaries named in said will. Upon the filing of the will the clerk of the court gave the notice provided by section 2341 of the Code.

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Appeal from Lee Circuit Court. On tlie 17th clay of August, 1874, a paper purporting tobe the last will and testament of Bernard Slaven, deceased, was filed for probate in the court below. Margaret Farrell,. a minor, was one of the beneficiaries named in said will. Upon the filing of the will the clerk of the court gave the notice provided by section 2341 of the Code. At the time fixed for proving the will the court appointed John W. Farrell guardia]! ad litem of said Margaret Farrell. Certain parties appeared and filed a writing .contesting said will. To this pleading John W. Farrell, as…

1Opinion of the Court

Rothrock, Ch. J.

1 notice • publication: probate of will. I. The proof of publication of the notice given by the clerk is in these words: “I, Sandie Stone, being sworn, say that I am the local editor of the ®ate Pointing establishment; that the Daily Gate City is printed in said office and circulated in said county, and that the notice of which the annexed is a true copy was published in said newspaper for the full period of three weeks, beginning on the 18th day of August, 1874, and ending on the 8tlT day of September, 1874.”

It is urged that this proof was insufficient, because the affidavit…

2Cited by4 opinions

  1. In Re Estate of PierceSupreme Court of Iowa · 1953
  2. In re Estate of SchultzSupreme Court of Iowa · 1921
  3. In re Will of MiddletonSupreme Court of Iowa · 1887
  4. Cleophas v. WalkerSupreme Court of Iowa · 1930

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