74 Iowa 519 | Iowa | 1888
The court instructed the jury that there was no evidence of undue influence, and thereby relieved the jury of considering that question. The defendants complain of this instruction. ■ Without going into a detailed statement of the evidence, it is sufficient to say that we are fully satisfied that this instruction was correct. There is no evidence that the wife or son of the deceased, or any other person, used any arts, influence or persuasion to induce the deceased to make the will/ The basis of any claim in that behalf is founded upon the fact that they were living in the house on the farm with him when the will was made. All else is grounded upon the merest suspicion. It appears that the son of the deceased removed to the state of Kansas in the fall of 1886, and that he returned a short time before the will was executed. The widow was a witness in support of the will, and she was asked if she heard any conversation between the son and his father in relation to his staying or going back. The answer to the question was that her husband “spoke something about Enoch (the son) staying. If he did not like it there he should come back home, providing Mr. Rourke would sell out to
VI. Objections are made to other instructions and to the refusal to give instructions requested by appellants. We discover no error in these rulings. It appears to us that the instructions given by the court fully covered every point in the case, and that they correctly state the law applicable to the evidence.
VII. It is claimed that the verdict is contrary to the evidence. We think otherwise.
Affirmed.