Estate of Townsend v. Townsend
Supreme Court of Iowa
Appeal from Davis District Court.— Hon. M. A. Roberts, Judge. Contest over the probate of the will of J. W. Townsend. The case has been twice tried to a jury, resulting both times in a verdict for tbe contestant, and this is the second appeal. On the first appeal, tire case was reversed because of error. It is reported in 122 Iowa, 216, where a" full statement of the facts is given, which need not be repeated here.
Read the full summary
Appeal from Davis District Court.— Hon. M. A. Roberts, Judge. Contest over the probate of the will of J. W. Townsend. The case has been twice tried to a jury, resulting both times in a verdict for tbe contestant, and this is the second appeal. On the first appeal, tire case was reversed because of error. It is reported in 122 Iowa, 216, where a" full statement of the facts is given, which need not be repeated here. There was a judgment on this trial for the contestant, and the proponents appeal. — ■
1Opinion of the CourtSherwin, C. J.
The will in question was properly •executed on the 9th day of June, 1896, and the contestant admits that J. W.' Townsend was then of sound mind. She contends, however, that the will was procured by the undue influence and fraud of the proponents, or some of them. The jury determined the 'issue in the contestants favor, and whether or not the verdict should be permitted to stand is th'e most serious question for our consideration. Before pro*623eeeding to the consideration of the evidence which the contestant claims justifies the verdict and judgment, we may-call attention briefly to the…
2Cases cited9 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Manatt v. ScottSupreme Court of Iowa · 1898
- Orr v. PenningtonSupreme Court of Virginia · 1896
- Webber v. SullivanSupreme Court of Iowa · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- William L. Burkhalter v. Steven P. BurkhalterSupreme Court of Iowa · 2013
- In Re Estate of HellerSupreme Court of Iowa · 1943
- Gates v. ColeSupreme Court of Iowa · 1908
- Zinkula v. ZinkulaSupreme Court of Iowa · 1915
- In Re Estate of MottSupreme Court of Iowa · 1925
26 more not listed; retrieve them via the Exa API.