151 Iowa 99 | Iowa | 1911
The testator died April 9, 1909, at the age of seventy-seven years. His will bears ■ date Hay 4, 1908. By its terms he devised a farm of one hundred and sixty acres, the largest item of his estate, to the proponent, Albert A. Brackey, for life, with remainder over to Albert’s children. The residue of the estate is given to the children of the testator in equal shares.
Much of the evidence offered by contestants relates to incidents where it is said that Albert assaulted his father or treated him in a rough, brutal and unfeeling manner, and that the latter at times seemed to be in fear of him, or at least yield to him. It is to be conceded that, if witnesses tell the truth, filial duty and respect are not among the virtues of the proponent’s character, but it appears that both father- and son were intemperate drinkers ; the former, perhaps, indulging in greater excess. Members of the family of both sexes were profane, uncouth in manner, and little given to gentle words or deeds; and while the testimony concerning the attitude of the proponent towards his father gives proof of his lack of refinement and decent regard for the proprieties of life, it affords us no aid in determining whether he exercised any dominating influence over the making of the will. On the contrary, the evidence discloses that the testator himself, and alone, stated the terms of the will to the attorney who prepared it, and exhibited no signs of. mental weakness, or that he was merely registering the will of another and stronger mind. Something like fifty witnesses were examined, many of them persons who knew the testator intimately and had observed his conduct, appearance, and language in the closing years of his life, and we find noth•ing in their testimony to indicate that the old gentleman did not in the management of his affairs exercise the liberty and independence of the average man of his years. One or more of the children say that in the testator’s last sickness Albert showed a disposition to drive them away from the premises and deprive them of the privilege of visiting their father. That such conduct was inspired by any desire to control the disposition of the estate is a
The record as a whole reveals nothing which would justify the setting aside of the verdict, and the judgment . appealed from is therefore affirmed.