Morrison v. McLaughlin
Supreme Court of Iowa
Appeal from Dubuque District Court.^ — D. E. MaguiRE, Judge. James F. McLaughlin, a resident of Dubuque, Iowa, died, July 24, 1916. After bis death, a written instrument, purporting to be bis last will and testament, was admitted to probate.
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Appeal from Dubuque District Court.^ — D. E. MaguiRE, Judge. James F. McLaughlin, a resident of Dubuque, Iowa, died, July 24, 1916. After bis death, a written instrument, purporting to be bis last will and testament, was admitted to probate. Thereafter, in September, 1918, the plaintiff, a sister and heir of the deceased’s, brought this action at law, to contest the validity of the will on the alleged ground that, at the date thereof, the testator was mentally incompetent to make a valid will, and that the same was procured to be made by undue influence exercised over him by another sister,…
1Opinion of the CourtWeaver, J.
The deceased was an unmarried man. He died at the age of 57 years, leaving as his heirs at law his mother, brother, and sisters. The mother has since died, intestate. His death was caused by a cancer which developed on his face in 1915, and slowly increased in malignancy until its fatal termination. In April, 1916, he went to the home of his sister Bridget, in Chicago, Illinois, where he received treatment, care, and nursing during the final two or three months of his life. Another sister, Margaret, who is plaintiff herein, was then living in Chicago, and assisted to some extent in waiting…
2Cases cited4 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Kostelecky v. ScherhartSupreme Court of Iowa · 1896
- In re Will of NormanSupreme Court of Iowa · 1887
- Brooks v. City of Sioux CitySupreme Court of Iowa · 1901
3Cited by4 opinions
- Borogan v. LynchSupreme Court of Iowa · 1927
- Diesing v. SpencerSupreme Court of Iowa · 1936
- State v. MurphySupreme Court of Iowa · 1928
- Albright v. MoecklySupreme Court of Iowa · 1926