112 Iowa 220 | Iowa | 1900
I. Appellants’ complaints are against certain rulings on evidence, certain instructions and the sufficiency of the evidence. A brief statement of undisputed facts and of the claims of the parties wili aid in understanding the questions to be considered. On the sixth day of July. 1898, Charles Howe, for many years a resident of Osceola, Iowa, died at the age of 82 years, leaving as estate consisting of real and personal property, worth about $16,000. Deceased had but one child, George F. Howe, the father of these contestants. George F. Howe died prior to the death of his father. Contestants are the only surviving’ lineal descendants of Charles Howe, and, in the absence of a valid will, are entitled to inherit his entire estate. It is admitted that George F. Howe died a poor man, and that contestants are without property or means, and are compelled to earn a livelihood. On the fourteenth day of April, 1891, Charles Howe executed the instrument under consideration, in due form, as his last will, wherein he bequeathed and devised his entire estate as follows: To the Chicago Foundlings’ Home for Little Children, located in the city of Chicago, $200; to the Old Ladies’ Home, in Worcester, Mass., $300; to the trustees of the Baptist Church in Osceola, Iowa, a certain lot in Osceola; to the Presbyterian Church of Osceola, a certain other lot, and, in addition thereto, $3,000 in money, to be used for maintaining preaching and keeping up the ordinances of the church; to Mrs. J. W. Richards, all portraits, pictures, and photographs; to Mrs. Thomas Roman, his mahogony parlor set; to Mrs. Cordelia Knight, of Worcester, Mass., “all the rest and residue of my
Contestants’ claim is that at the time Mr. Howe ex&cuted these instruments, and continuously thereafter until his death, he “was of unsound mind, and incapable, under the law, of making any disposition of his property.” In support of this, they introduced evidence tending to show a want of affection on the part of the deceased toward his son, whose death had occurred prior to .that of his father, and toward the wife of said son and these contestants, their only children. They also offer evidence as to his habits and conduct, and the opinions of a number of witnesses, including three experts, as to his mental condition. Proponents deny that deceased was of unsound mind, or incapable of executing said will and codicil; and in support thereof introduced a number of witnesses, including four experts, as to the habits and conduct of the deceased and the opinions of the witnesses as to his mental condition.
Appellants say the court erred in permitting Ella Howe to testify to conversations with Mrs. Charles Howe in her lifetime. But little testimony' of this character was given, and it does not appear that it was objected to.
Complaint is made of the use of the words “rational understanding” in the fourth instruction. This was said in relation to the ability of the testator to understand the hush ness he was engaged in in the making of the will, which was not unfavorable to the proponents, and, taken in connection with the other part of the instruction, is not erroneous.
It is said of the eleventh instruction that it is “misleading and erroneous, in that it is argumentative, vague, and uncertain.” As we read it, it is a plain and concise statement of the law upon the subject treated of therein.
As to the twelfth, it is contended that the court assumed one of the subdivisions of contestants’ hypothetical
It is claimed that in the fourteenth instruction the court assumes as facts things which are not proven. We think there is evidence of every fact upon which that instruction is based.
The sixteenth instruction, as we view it, is a very proper conclusion of the whole subject, and enjoined upon the jury in fitting terms the performance of their whole duty, “influenced only by the evidence, in the light of the instructions given them by the court.” The instructions as a whole were a clear, concise, correct, and logical submission of the law of the case, and are without error prejudicial to the proponents in any of the respects complained of. \
IY. Proponents insist that the evidence does not support the verdict. ' It will serve no desirable purpose to extend this opinion by a discussion of the evidence. It is sufficient to say that though it is in sharp conflict in so far as the conduct and habits of deceased are involved, and in the opinions of the witnesses as to his mental condition, the verdict has such support as that, under the uniform rulings of this court, we are not warranted in interfering with it.— Aeeirmed.