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IN RE KIRBY'S ESTATE

No. 47585.

41 N.W.2d 8 (1950)

In re KIRBY'S ESTATE. HERZ v. KIRBY et al.

Supreme Court of Iowa.

February 7, 1950.

Attorney(s) appearing for the Case

Thomas Doherty, of Dubuque, and Irving D. Long of Manchester, for appellant.

Peter W. Klauer of Dubuque, and Francis H. Becker, of Dubuque, for appellees.

MANTZ, Justice.

This is a will contest. On March 22, 1949, there was filed in the office of the Clerk of the District Court in and for Dubuque County, Iowa, an instrument purporting to be the last will and testament of Joseph Kirby, deceased. Objections were later filed thereto by a niece of the deceased, alleging that the purported will was of no validity on the grounds that at the time executed, Joseph Kirby lacked mental capacity to make the same; also, that it...

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