Dalton v. Swain
Supreme Court of Iowa
Appeal from Plymouth District Court. — W. D. Boies, Judge. John Swain, a resident of Plymouth County, Iowa, died, April 27, 1917. Shortly after his death, a written instrument purporting to be the last will and testament of the deceased, was filed for probate by fpur of his children, Patrick Swain, Thomas Swain," George Swain, and Ellen Ackerman.
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Appeal from Plymouth District Court. — W. D. Boies, Judge. John Swain, a resident of Plymouth County, Iowa, died, April 27, 1917. Shortly after his death, a written instrument purporting to be the last will and testament of the deceased, was filed for probate by fpur of his children, Patrick Swain, Thomas Swain," George Swain, and Ellen Ackerman. Others of his children and heirs at law contested the admission of the instrument to probate, on the ground that, at the date thereof, the deceased was of unsound mind, and that the execution of the alleged will was obtained by undue influence,…
1Opinion of the CourtWeaver, J.
1. Wnms : abnormal nature of testator. John Swain lived to the age of about 87 years. He had been a farmer, during most of his 'adult life, was thrifty in a financial way, and at his death was the owner of 460 acres of land in Plymouth County. To him and his wife, Charlotte, who survived him, there have been born ,13 children, of whom 9 were living at the date of the will, as. Avere also 6 grandchildren, the heirs of other children, then deceased. On July 26, 1915,, Avhen about 85 years of age, John Swain executed the will Avhich is now the subject of contest. It Avas draAvn by experienced…
2Cases cited3 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Winters v. WintersSupreme Court of Iowa · 1897
- Barry v. WalkerSupreme Court of Iowa · 1910
3Cited by5 opinions
- Robson v. BarnettSupreme Court of Iowa · 1950
- Boyles v. CoraSupreme Court of Iowa · 1942
- In re Estate of AustinSupreme Court of Iowa · 1922
- In Re Ford's EstateUtah Supreme Court · 1927
- Matter of Estate of AdamsSupreme Court of Iowa · 1975