Legal Opinion

Denning v. Butcher

Supreme Court of Iowa

Decided May 25, 1894PublishedCited by 59 opinions

Appeal from Wapello District Court. — Hon. H. C. Teayeese, Judge. Pboceeding to set aside the will of Richard Butcher, deceased. From a verdict and judgment sustaining said will, contestants appeal.

1Opinion of the CourtKinne, J.

1 I. Contestants seek to set aside the will on two grounds: First, want of mental capacity in the testator; and, second, on account of undue influence of Wm. Cowley, his wife, and other members of his family. The testator was about seventy-four years old at the time of his death. He had resided at Eddyville, Iowa, from 1848 up to the time of his death, in March, 1889. He was a bachelor. During most of his active life he had been a merchant, and had, by his energy and ability, accumulated an estate of seventy-five- thousand dollars. He was eccentric, reserved, *427positive, and honest. He appears…

2Cases cited34 opinions

  1. Blackburn v. CrawfordsSupreme Court of the United States · 1866
  2. Fraser v. JennisonMichigan Supreme Court · 1879
  3. Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
  4. In Re Proving the Will of ColemanNew York Court of Appeals · 1888
  5. Loder v. . WhelpleyNew York Court of Appeals · 1888

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

3Cited by59 opinions

  1. Perkins v. PerkinsSupreme Court of Iowa · 1902
  2. Bever v. SpanglerSupreme Court of Iowa · 1895
  3. Will of Hull v. HullSupreme Court of Iowa · 1902
  4. Winters v. WintersSupreme Court of Iowa · 1897
  5. Sprouse v. MagesIdaho Supreme Court · 1928

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

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