Legal Opinion

Winters v. Winters

Supreme Court of Iowa

Decided May 11, 1897PublishedCited by 53 opinions

Appeal from Henry District Court. — Hon. H. 0. Traverse, Judge. M. F. Winters died January 21, 1895. He left, him surviving, his widow, Catherine Winters, and his brother and only heir, John C. Winters. The widow offered for probate a paper purporting to be his last will, leaving to her all his property, and naming helas executrix without bond. The brother filed objections thereto, alleging want of testamentary capacity and the exercise of undue influence.

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Appeal from Henry District Court. — Hon. H. 0. Traverse, Judge. M. F. Winters died January 21, 1895. He left, him surviving, his widow, Catherine Winters, and his brother and only heir, John C. Winters. The widow offered for probate a paper purporting to be his last will, leaving to her all his property, and naming helas executrix without bond. The brother filed objections thereto, alleging want of testamentary capacity and the exercise of undue influence. There was a trial to jury, verdict and judgment for proponent, and contestant appeals. —

1Opinion of the CourtLadd, J.

*551 *54The will in controversy bears date January 2, 1895, nineteen days prior to the death of Winters. For some weeks previous to December 24 preceding his death, he had been at Hot Springs, Ark., and while there was treated for his ailments by A. F. Sanders, a practicing physician of that place. The contestant took the deposition of this doctor, and when he offered to read it in evidence, the proponent objected to the interrogatories as incompetent. This *55objection was sustained by the court, and the testimony of the witness excluded. No objection was made at the time of the taking of the…

2Cases cited17 opinions

  1. Blackburn v. CrawfordsSupreme Court of the United States · 1866
  2. Thompson v. IshSupreme Court of Missouri · 1889
  3. Renihan v. . DenninNew York Court of Appeals · 1886
  4. Denning v. ButcherSupreme Court of Iowa · 1894
  5. In re the Probate of the Will of LaymanSupreme Court of Minnesota · 1889

12 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. Bruington v. WagonerSupreme Court of Kansas · 1917
  2. In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
  3. Lembke v. UnkeNorth Dakota Supreme Court · 1969
  4. Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
  5. Sprouse v. MagesIdaho Supreme Court · 1928

48 more not listed; retrieve them via the Exa API.

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