Hemsted & Everson v. Ferry
Supreme Court of Iowa
Appeal from Potlaiuattamie District Court. — Hon. N. W. Macy, Judge. One Erank O. Stewart died, leaving an instrument purporting to be his last will. It consisted of an original document and one codicil. In the original will the appellants, Hemsted and Everson, were named as executors; in the codicil this appointment of executors was revoked, and one S. O. Campbell was named to fill the place.
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Appeal from Potlaiuattamie District Court. — Hon. N. W. Macy, Judge. One Erank O. Stewart died, leaving an instrument purporting to be his last will. It consisted of an original document and one codicil. In the original will the appellants, Hemsted and Everson, were named as executors; in the codicil this appointment of executors was revoked, and one S. O. Campbell was named to fill the place. After testator’s death, Campbell, who had the custody of the will, offered it for probate, and the twenty-fifth day of November, 1896, was fixed for the hearing. On the twenty-fourth day of that month,…
1Opinion of the CourtWaterman, J.
But a single question is presented by tbe record, and tbat is as to the standing appellants bave to urge any objection to tbe order of probate. We bave no statute defining tbe qualifications of those wbo may contest tbe probate of a will, but we understand tbe general rule to be tbat sucb action can be taken only by one who would bave a beneficial interest in tbe estate, if there was no sucb will. This rule has received our express recognition heretofore in Kostelecky v. Scherhart, 99 Iowa, 120. See, also, In re Langevin’s Will, 45 Minn. 429 (47 N. W. Rep. 1133); Reid v Vanderheyden, 5 Cow.…
2Cases cited6 opinions
- Bronner v. JahantCalifornia Supreme Court · 1894
- In re the Last Will of LangevinSupreme Court of Minnesota · 1891
- Kostelecky v. ScherhartSupreme Court of Iowa · 1896
- In re the Estate of Sanborn v. PeytonCalifornia Supreme Court · 1893
- Reid v. VenderheydenCourt for the Trial of Impeachments and Correction of Errors · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Estate of MeredithMichigan Supreme Court · 1936
- Ward v. BrownWest Virginia Supreme Court · 1903
- In Re Estate of SwansonSupreme Court of Iowa · 1948
- In Re Estate of KennySupreme Court of Iowa · 1943
- In Re O'brien's EstateWashington Supreme Court · 1942
13 more not listed; retrieve them via the Exa API.