Busse v. Schaeffer
Supreme Court of Iowa
Appeal from. Scott District Court. — ■ Hon. J. W. Boling-er, Judge. Action to set aside an order admitting to probate an instrument purporting to be a codicil to a will.. The record makes it appear that in January, 1900, Maria Busse, a widow, then living in Davenport, executed her will, by the terms of which, .among other things she made bequests to her four children, the appellant Carl Busse, and the appellees, Minna Doering, Marie Mielitz, and Wilhelm Schaeffer.
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Appeal from. Scott District Court. — ■ Hon. J. W. Boling-er, Judge. Action to set aside an order admitting to probate an instrument purporting to be a codicil to a will.. The record makes it appear that in January, 1900, Maria Busse, a widow, then living in Davenport, executed her will, by the terms of which, .among other things she made bequests to her four children, the appellant Carl Busse, and the appellees, Minna Doering, Marie Mielitz, and Wilhelm Schaeffer. In April 1902, said Maria Busse executed a codicil to her said will in which she directed That from the bequest to her son, Carl…
1Opinion of the CourtBishop, J.
2. New trial: review on apWe do not hesitate to review an order granting a new trial, where, as in this case, the record makes disclosure of the situation as fully in all re- . spects as, it was presented to the trial court. Turley v. Griffin, 106 Iowa, 161.. 1. Wills: action to set -aside bate-Waiving the matter of form in which the same was presented to the trial court, the only question in the case is this, Was there a vital defect of parties defendant in the sense that a new trial was made necessary on account thereof ? We think this question must be answered in the negative. The statute…
2Cases cited4 opinions
- Moore v. HeldSupreme Court of Iowa · 1887
- Johnson v. GaylordSupreme Court of Iowa · 1875
- Turley v. GriffinSupreme Court of Iowa · 1898
- Palmer v. BlairSupreme Court of Iowa · 1868
3Cited by6 opinions
- Hart v. StenceSupreme Court of Iowa · 1934
- Kessel v. HuntSupreme Court of Iowa · 1932
- Snyder v. GuthrieSupreme Court of Iowa · 1922
- Manders v. DallamSupreme Court of Iowa · 1932
- Piper v. BrickleySupreme Court of Iowa · 1935
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