108 Iowa 34 | Iowa | 1899
Tbe instrument offered for probate was as follows:
“February 17,1897. I agree to will to Rosie Hineik four hundred and fifty dollars $450.00. Jim Longer a bouse and lot in Riverside. Any Marek two hundred and fifty dollars $250.00. Barbara Fouchek three hundred dollars $300.00. Mary Hotz five dollars $5.00. Jose Hinek one hundred and fifty dollars $150.00. Fannie Parizk five hundred dollars $500.00. And what remains to Jim Longer’s children. The funeral expensis is to be paid by Jim Longer.
“Witnesses Yaclav Longer.
“Justice of the Peace
“Ed. Stackman.
“Jozef Babas.”
Among other objections urged by the contestants, it was said that the instrument is not in fact a will. In addition to the testimony relating to its execution, the court received evidence as to the intent and purpose of Longer in executing it, and made the following finding: “ (3) At the time of the signing, subscribing, and execution of said instrument as aforesaid, said Y aclav Longer was of sound and disposing mind; and said instrument was voluntarily executed by him, with knowledge of its provisions, without any undue influence or fraud exerted upon him in the execution of the same. (4) The parol evidence introduced shows that at the time of the signing and execution of said instrument, Exhibit A, the said Yaclav Longer thought he was thereby executing his last will and testament, and intended the said instrument, Exhibit A, at the time of its execution, to be and constitute his last will
We cannot agree with the conclusion of law announced by the. trial court. No particular form is required for a will. Much latitude is allowed in the construction of such instruments. Wescott v. Binford, 104 Iowa, 645, 651, 652. The
What construction should be given certain provisions of this instrument, in view of the court’s finding that Jim Longer named in the will, is identical with the testator, is a matter upon which we are. not called on'to express an opinion. An instrument may be entitled to probate, though some of its terms are meaningless. — "Reversed,