Armstrong v. Armstrong
Supreme Court of Iowa
Appeal from Cedar District Court. — F. F. Dawley, Judge. This action involves a contest on the will of Samuel Armstrong, deceased. The jury returned a verdict that the testator, at the time of executing the alleged will, was of unsound mind, and judgment was entered on said verdict, denying admission of said will to probate. Proponents appeal. On motion, the court taxed the costs against the estate, from which ruling the contestant prosecutes a cross-appeal. —
1Opinion of the CourtFaville, J.
I. Both parties having appealed, the proponents will be referred to as “appellants,” and the contestant as “appellee.” The appellee is the son and the appellants are the nieces of the testator.
The testator, Samuel Armstrong, came from Ohio some time in the. 70’s and located on a farm near West Branch, Iowa. His wife died .in 1871, leaving the appellee, who is now about 53 years of age, as her only child. The testator never remarried. The appellee and his father for many years carried on business together, owning a considerable amount of real estate and personal property; and, at the time of…
2Cases cited15 opinions
- Bales v. BalesSupreme Court of Iowa · 1914
- Kauffman v. LoganSupreme Court of Iowa · 1919
- Hart v. HartSupreme Court of Iowa · 1917
- Spiers v. HendershottSupreme Court of Iowa · 1909
- Cole v. MarshSupreme Court of Iowa · 1894
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3Cited by8 opinions
- Ipsen v. RuessSupreme Court of Iowa · 1948
- Neidermyer v. NeidermyerSupreme Court of Iowa · 1946
- Olson v. OlsonSupreme Court of Iowa · 1951
- Connell v. HaysSupreme Court of Iowa · 1963
- Miller v. MillerSupreme Court of Iowa · 1946
3 more not listed; retrieve them via the Exa API.