Vannest v. Murphy
Supreme Court of Iowa
Appeal from Iowa District Court.— Hon. O. A. Byington, Judge. Mary L. Murphy died testate May 28, 1904, and her will was admitted to probate in June of the same year. On July 27, 1904, the plaintiffs filed their petition, alleging that at the time of executing the will she was of unsound mind, and that the will was procured through undue influence exerted'by W. P. Murphy. The trial resulted in a verdict for defendant, on which judgment was entered setting the will aside.
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Appeal from Iowa District Court.— Hon. O. A. Byington, Judge. Mary L. Murphy died testate May 28, 1904, and her will was admitted to probate in June of the same year. On July 27, 1904, the plaintiffs filed their petition, alleging that at the time of executing the will she was of unsound mind, and that the will was procured through undue influence exerted'by W. P. Murphy. The trial resulted in a verdict for defendant, on which judgment was entered setting the will aside. The plaintiffs appeal.
1Opinion of the CourtLadd, J.
There are thirty-eight assignments of error, all of which are argued hy appellants. As counsel have ignored part of the rules in the preparation of their brief, we shall consider only such errors as require attention in view of another trial.
1. Evidence of mental capacity. I. The question, “ What did you observe with respect to her mental condition ? ” and like inquiries, were treated by the witnesses as calling for incidents bearing on the condition of the mind of deceased, and not for their . . , ^ .t .. i -m opinion as to whether it was unsound, xor ' . . this reason, the rulings…
2Cases cited15 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- In Re Proving the Will of MartinNew York Court of Appeals · 1885
- Latham v. UdellMichigan Supreme Court · 1878
- Foster v. DearbornSupreme Court of Minnesota · 1892
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3Cited by30 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- State v. KendallSupreme Court of Iowa · 1925
- Zinkula v. ZinkulaSupreme Court of Iowa · 1915
- Sutherland State Bank v. FurgasonSupreme Court of Iowa · 1922
- Stephenson v. StephensonSupreme Court of Iowa · 1956
25 more not listed; retrieve them via the Exa API.