Legal Opinion

Webber v. Sullivan

Supreme Court of Iowa

Decided April 22, 1882PublishedCited by 27 opinions

Appeal from Marshall Circuit Court. The plaintiff and proponent filed what purported to be the will of A. C. Bartlett, and asked the same be admitted to probate.

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Appeal from Marshall Circuit Court. The plaintiff and proponent filed what purported to be the will of A. C. Bartlett, and asked the same be admitted to probate. In a pleading by them filed, the defendants and contestants admitted the “instrument purporting to be the last will of said A. C. Bartlett, was duly executed by said Bartlett,” but they objected to its being admitted to probate on tbe grounds, “That at the time of the execution of said instrument, said decedent was, by reason of old age bodily, and mental infirmities, totally, incapacitated from making a valid will,” and “That said…

1Opinion of the Court

Servers, Oh. J.

The evidence is • not before us, but it tended to prove that at the time the will was executed, the testator was sixty-eight years of age. That he had been twice married, and was divorced from his first wife in 1864, by whom he had ten children, and to whom he devised five dollars each. Why he did not give them more is thus stated in the will “for the reason why I do not give each of them more is, I have heretofore assisted each in money and. property, and in bringing them up in schooling, etc., their equal proportion in my estate.” ■ .

The testator married his last - wife in…

2Cases cited1 opinion

  1. Carpenter v. CalvertIllinois Supreme Court · 1876

3Cited by27 opinions

  1. Perkins v. PerkinsSupreme Court of Iowa · 1902
  2. Bever v. SpanglerSupreme Court of Iowa · 1895
  3. Denning v. ButcherSupreme Court of Iowa · 1894
  4. William L. Burkhalter v. Steven P. BurkhalterSupreme Court of Iowa · 2013
  5. In re the Estate of ShellSupreme Court of Colorado · 1900

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