28 Iowa 480 | Iowa | 1870
We will proceed briefly to state the facts as we consider they are established by the record. We will not attempt to discuss them, nor to state the reasons of our conclusions. It is not our habit so to do, as, in no case, can it prove profitable to the parties or to the profession.
The devisor, William Mclntire, was at the time of his death about seventy-four years of age. He was without children, and his wife had died about twelve years before. He had accumulated property and money to the amount of about five thousand dollars, more by the exercise of penuriousness than by enterprise and industry. More than thirty years before his death he settled in Fort Madison, and lived there until after the death of his wife. His habits were all the time intemperate; he was accustomed to pai’oxysms of gross intoxication, becoming helpless and insensible often from the effects of his indulgences. He would remain sober for a considerable length of time, and, when not under the influence of liquor, was considered a man of good mind and honest intentions.
The residuary' legatee, McConn, was his intimate friend, but no ties of relationship existed between them. Their acquaintance and friendship commenced more than thirty years before Mclntire’s death. They were much together, and were both Irishmen. Mclntire seemed to have the utmost confidence in and respect for his friend McConn, who possesses very considerable wealth.
After Mclntire returned from his visit to his relations his habits of intoxication returned upon him. His last illness was probably caused partly by exposures while intoxicated and partly by the effects of his dissipation. He went into the house of a friend, Mr. J. C. Estes, who resided in Keokuk, while intoxicated or before he had become entirely sober, after one of his accustomed par
Another physician was called to see him a day or two before his death, and after the will had been executed. This was as much as five weeks after he was visited by the first-named physician. He was fast sinking when seen by the second physician, and Mi\ and Mrs. Estes, in whose house he died, testify that he died within eighteen hours, but the physician thinks he lived longer. His disease is described by the last-named physician much the same as it 'is by the first, except that it had assumed somewhat the character of hemiplegia. He also expresses the opinion that the patient’s mind was in such a condition that he was unfit to transact ordinary business; but, as in the case of the other physician, he made no examination into the condition of his mind, and made no notes or memoranda of the symptoms of the patient’s disease and remedies used. His evidence was also given about two years after Mclntire’s decease, with whom he had no acquaintance prior to being called to visit him during his
Considering the evidence in the strongest light in which it is viewed by plaintiffs’ counsel, it does not show that the testator’s will was overridden, or his free agency in any degree affected by the request or conversation of defendant McConn. The contrary rather appears. It is shown, that, after the execution of the will, when McConn was not present and probably had returned to his home, Mclntire expressed his gratification that the will had been executed, and his satisfaction with its provisions. It cannot be claimed that he was then under McConn’s •influence. We are satisfied that the will was the result of the exercise of a competent and disposing mind, and was not obtained through undue influence.
The decision of the General Term is reversed, and a decree will be entered in this court dismissing the petition of plaintiffs.
Reversed.