116 Iowa 339 | Iowa | 1902
Claims like the one under consideration should not be allowed in the absence of reasonably clear and satisfactory evidence in their support. Speaking upon this subject the supreme court of Michigan has said: “The testimony should be clear and explicit, and should not depend on mere conjecture., * * * This class of claims should not be encouraged by the courts. Indeed, it is the duty of the court to protect estates from them, and to require some substantial proof establishing them before allowing juries to speculate as to the existence of the contract necessary to support them.” Wright v. Senn's Estate, 85 Mich. 191 (48 N. W. Rep. 545) ; Decker v. Kanous’ Estate, supra. The doctrine thus announced is a salutary one, and the case at bar affords a proper occasion for its application.
We cannot enter into any speculations upon the reasons why the father saw fit to give plaintiff a definite legacy of $1,000, instead of an' equal share in his estate. It is immaterial. He had the right to dispose of his property as he saw fit, and to make such estimate of the comparative deserts of his children and their comparative claims upon his bounty as he believed to be just and right; and it is not the province of courts to defeat the purposes of his will by allowing, upon meager and unsatisfactory evidence, claims which divert the
Believing there is no prejudicial error in the record, and that the judgment entered by the trial court is right, it is, therefore, aeeirmed.