152 Iowa 154 | Iowa | 1910
It was also competent to show that tbe testator bad at one time offered to transfer bis property to bis son in consideration of future care and support. Bever v. Spangler, 93 Iowa, 579.
Complaint is .made of the following instructions:
A will proved to have been executed and attested as prescribed by law will be presumed to have been made by a person of sound mind; but, if testimony is shown which counterbalances that presumption, the party seeking to support such will must show by affirmative evidence that the testator was of sound mind when he executed the will.
A party competent to make a valid will should possess
While the contestants alleged undue influence and want of testamentary capacity, only the letter question was allowed to go to the jury, and the appellants now contend with a great deal of force that the evidence as a whole is insufficient to sustain the finding of the jury. .The question is not entirely free of doubt; but a separate and painstaking examination of the entire evidence submitted to the jury leads us to the conclusion that it gives such support to the verdict as to require an affirmance of the finding.
We find no error requiring or permitting a reversal of the judgment, and it is therefore affirmed.