Smith v. James

• Decision Date: 10 October 1887
• Parties: SMITH AND OTHERS v. JAMES AND ANOTHER.
• Court: Iowa Supreme Court

72 Iowa 515

34 N.W. 309

SMITH AND OTHERS

v.JAMES AND ANOTHER.

Supreme Court of Iowa.

October 10, 1887.

Appeal from circuit court, Pottawattamie county.

Proceedings to probate the will of Jacob Smith; the plaintiffs contesting it. By the final order of the court below, it was admitted to probate. Plaintiffs appeal.F. H. Kemp and Sapp & Pusey, for appellants.

Flickinger Bros., for appellees.

BECK, J.

1. 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, while the plaintiffs 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 it was executed, was not of sound and disposing mind, and therefore did not possess capacity to dispose of his property by will.

The evidence upon the issues of the case is voluminous, many witnesses testifying as to the condition of the mind of the testator. Their evidence is of the usual character introduced upon like issues in cases involving like contests of wills, based upon the incapacity of testators. Experts, acquaintances, and familiars of the testator testified as to facts, and expressed opinions relating to his condition of mind. Their testimony is conflicting. It cannot be claimed that there is such absence of proof in support of the court's judgment as will authorize us to interfere. The testator, when the will was made, was about 70 years of age, and of infirm health, though apparently capable of attending to affairs not requiring the exercise of much strength. He was not confined to his bed or room. He had before been quite sick, and during his sickness exhibited evidence of a disturbed mind. But the evidence fails to show that this condition continued to the time the will was executed. On the contrary, it appears that he had regained his faculties, and his mind was then in its normal condition. He had lived a long time by himself, without intercourse with his relatives. He had neither wife nor child. His wife and an only child had died many years before his death. As his age advanced, and infirmities increased, he had requested one of his sisters and her family to live with him; promising to leave all his property to her. The request was refused; and it appears the incident had the effect to create a feeling in the testator's mind against his relatives.

These facts serve to explain the purpose he expressed, that he would so dispose of his property that no part of it should go to his relatives. While men commonly have an...