Gruwell v. Hendershott
Supreme Court of Iowa
Appeal from Cedar District Court.— Hon. G. Thompson, Judge. Proceedings for tbe probate of a will, contested by tbe heirs at law of testatrix, on tbe grounds that she was of unsound mind when said will was executed; that said will was procured by the undue influence of proponent, who was named as the beneficiary; that said will was subsequently revoked.
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Appeal from Cedar District Court.— Hon. G. Thompson, Judge. Proceedings for tbe probate of a will, contested by tbe heirs at law of testatrix, on tbe grounds that she was of unsound mind when said will was executed; that said will was procured by the undue influence of proponent, who was named as the beneficiary; that said will was subsequently revoked. The jury found that tbe will offered for probate was not tbe valid will of deceased, and judgment was entered for contestants. Tbe proponent appeals.—
1Opinion of the CourtMcClain, J.
1. Wills contest:capacity evidence: I. Contestants offered in evidence the pleadings and decree in a proceeding by Robert B. Smith as guardian of Hannah Hendershott against O. M. Gruwell, the proponent in this case, to have canceled cer*aia assignments of notes by her to said Gruwell, on the ground that said assignments were fraudulently procured; and, further, to have canceled and set aside on the same ground a certain contract between Hannah Hendershott and said Gruwell by which she agreed to make the will in his favor, which is offered for probate in this proceeding, in consideration of…
2Cases cited5 opinions
- Sly v. HuntMassachusetts Supreme Judicial Court · 1893
- Allen v. SeawardSupreme Court of Iowa · 1892
- Will v. NicholsonSupreme Court of Iowa · 1904
- Beebe v. McFaulSupreme Court of Iowa · 1904
- Manley's v. StaplesSupreme Court of Vermont · 1890
3Cited by2 opinions
- Kennedy v. WalcuttOhio Supreme Court · 1928
- Bowen's v. BowenSupreme Court of Virginia · 1917