Bates v. Bates
Supreme Court of Iowa
Appeal from Story District Court. Will case. — Joseph Bates, Sr., when aged about eighty years, made a will in due form, properly witnessed. He was at the time living with his second wife, the plaintiff, whom he appointed his executrix, and by whom he had three children still living. He had eight children by his first wife, four of whom were living at his death; the others had died before him, each leaving children surviving.
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Appeal from Story District Court. Will case. — Joseph Bates, Sr., when aged about eighty years, made a will in due form, properly witnessed. He was at the time living with his second wife, the plaintiff, whom he appointed his executrix, and by whom he had three children still living. He had eight children by his first wife, four of whom were living at his death; the others had died before him, each leaving children surviving. By the will in controversy, he gave all his property, amounting to about $15,000, to his wife, the plaintiff, and her three children, except certain specified sums from…
1Opinion of the CourtCole, J.
l amendment : pieadmg. I. After the cause was taken by appeal to the District Court, and there had been one mistrial by disagreement of jury, the contestants asked for and obtained leave to amend their answer. The amendment was accordingly made, and consisted in withdrawing the denial of the due execution and attestation of the will. Thereupon, at the commencement of the second trial, the contestants claimed that they had the affirmative of the issues, and were entitled to the opening and closing of the cause. The court so held. This holding and the allowing of the amendment are assigned as…
2Cases cited2 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Preston v. WalkerSupreme Court of Iowa · 1868
3Cited by23 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Meeker v. MeekerSupreme Court of Iowa · 1888
- Manatt v. ScottSupreme Court of Iowa · 1898
- Johnson v. JohnsonSupreme Court of Iowa · 1907
- Stephenson v. StephensonSupreme Court of Iowa · 1883
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