Smith v. James
Supreme Court of Iowa
Appeal from. Pottawattamie Circuit Court. Proceedings to probate tbe will of Jacob Smith, the plaintiffs contesting it. By the final order of the court below, it was admitted to probate. Plaintiffs appeal.
1Opinion of the CourtBeck, J.
i will • in-testator:oi ence®e'viu" dente °n ap-
I. The will in controversy leaves to defendants all of the testator’s property, consisting of 240 acres of land, as nearly as we can determine from the abstract, and some personal property of no very great value. They were not of kin to the testator, wjape tpe p}aintiffs are brother and sisters or other near relatives. The plaintiffs contest the probate of the will on the ground, as they allege, that the testator, when *516it was executed, was not of sound and disposing mind, and therefore did not possess capacity to dispose of his property by will.
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2Cases cited1 opinion
- Mayes v. TurleySupreme Court of Iowa · 1882
3Cited by10 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Foreman v. ArcherSupreme Court of Iowa · 1906
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1904
- McClary v. StullNebraska Supreme Court · 1895
- Allbright v. HannahSupreme Court of Iowa · 1897
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