Adkins v. Coutts (In re Adkins' Will)

• Citation: 179 Iowa 1025,162 N.W. 193
• Decision Date: 07 April 1917
• Docket Number: No. 31200.,31200.
• Parties: IN RE ADKINS' WILL. ADKINS ET AL. v. COUTTS.
• Court: United States State Supreme Court of Iowa

179 Iowa 1025

162 N.W. 193

IN RE ADKINS' WILL.

ADKINS ET AL.

v.COUTTS.

No. 31200.

Supreme Court of Iowa.

April 7, 1917.

Appeal from District Court, Jasper County; Henry Silwold, Judge.

This is a proceeding to probate the will of Wyatt Adkins, deceased. There was a directed verdict for proponent, admitting the will to probate. The contestants appeal. Affirmed.Bray, Shifflett & Wilke, of Grinnell, for appellants.

Clements & Clements and E. M. S. McLaughlin, all of Newton, for appellee.

PRESTON, J.

[1][2] The will of Wyatt Adkins was filed for probate March 15, 1915. Objections were filed by four children and seven grandchildren, alleging that testator was of unsound mind, and that the instrument was obtained by the undue influence of his daughter, Nevada Antle, and her husband. Later three of the four children filing objections withdrew as contestants, and thereafter amended objections were filed by one child, Calvin Adkins, and eight grandchildren. The will was executed August 12, 1912, and appellee, W. P. Coutts, was nominated therein as executor. Previous to and before the execution of the will, deceased had executed and delivered a warranty deed to his daughter, Nevada Antle, of his home 40 acres of land, and after the execution and delivery of said deed he executed his will, which is the instrument now in controversy. The provisions of the will, so far as they are material to a determination of this case, are as follows:

“First. I have this day conveyed to my daughter, Nevada Antle, my present home forty acres, described as follows, to wit: The southwest quarter of the northeast quarter of section twenty eight (28) in township eighty (80) North, of range eighteen (18) west of the fifth P. M., Jasper county, Iowa, in full payment to her of all care, board and services for me in the past and for all future care, board, and services to me during my lifetime; and it is my will that said conveyance shall be upheld and I hereby so declare.

Second. It is my will that all of my estate and property, both real and personal, of every kind and nature whatsoever and wheresoever situated, of which I shall die owner, shall be divided into nine (9) equal parts and shares, and each said share and part shall go and descend as follows, and I hereby devise, give and bequeath each of said share and part as follows, to wit:

1. I give, devise and bequeath unto each of my following named children, namely, Cansady Skinner, my daughter; Jane Brown, my daughter; Zetta Lounsbury, my daughter; Artemecia Adkins, my daughter; Calvin Adkins, my son; Joseph Adkins, my son; and Nevada Antle, my daughter, an undivided one-ninth part and share thereof, each of said seven named children to have the said one ninth share and part of my estate and property, absolutely.

2. I give, devise and bequeath in equal shares, share and share alike, unto Della Redfield, Dorr Anderson and Byford Anderson, same being children of my deceased daughter, Samantha Anderson, one of the said certain one ninths shares and parts thereof, same being the one ninth share and part of my estate and property that would have gone to their mother had she been living; each of said children of said daughter to have one third of the said one ninth share of my estate absolutely.

3. I give, devise and bequeath, in equal shares, share and share alike, unto Wyatt Adkins, Wylie Adkins, Willetts Adkins, Wilbur Adkins and Octavia Adkins, same being children of my deceased son Granville Adkins, one of the said certain one ninth shares and parts thereof, same being the one ninth part and share that would have gone to their father had he been living; each of said children of said deceased son to have the one fifth of the said one ninth share and part of my estate absolutely.”

After a jury had been impaneled, the due execution of the paper offered as the last will of deceased was conceded, and it was conceded that deceased was 87 years of age at the time the will was drawn, and that the persons named as legatees and devisees are his sole and only heirs at law. Thereupon proponent moved to strike the objections from the files and to direct a verdict for proponent and admit the will to probate. The motion was sustained, and the jury returned a verdict accordingly.

The grounds of the motion were in part as follows:

(2) That contestants have no interest which is contestable in this action. The will gives them the same share of the estate that they would obtain under the law by descent; therefore the contestants would gain nothing by the contest.

(3) The will bequeaths to the contestants and all heirs at law the same share of the estate which they would obtain by the descent under the law, and even though, the will probated, the heirs at law would be considered as taking their share of the estate by descent.

(4) The fact that a deed is mentioned in the will as having been executed to Nevada Antle is entirely immaterial in this action on the issue of a contest of the last will, and such deed being a separate conveyance, titlepassed thereby absolutely, and independently of and without the aid of the will.

(5) That as to the conveyance or deed executed by the testator to Nevada Antle of the 40 acres of real estate, this court, in an...