IN RE KNOUSE'S WILL

No. 50907.

121 N.W.2d 151 (1963)

In the Matter of the WILL of Mary Iva Gittins KNOUSE, Deceased. Florence Gittins TRACHSEL, Plaintiff-Contestant, v. FIRST TRUST AND SAVINGS BANK OF DAVENPORT, Iowa, an Iowa Corporation as Executor of, and Trustee under the purported Last Will and Testament of Mary Iva Gittins Knouse, Deceased, Summit Cemetery Association of Scott County, Iowa, Merle McCloud and George D. Sloan, Defendants.

Supreme Court of Iowa.

April 9, 1963.


Attorney(s) appearing for the Case

McDonald, McCracken, McDonald & Carlin, Davenport, and Hoersch, Werner & Harbeck, Davenport, for appellant.

Lambach, Shorey & Plath, Davenport, for appellees.


THOMPSON, Justice.

The law is often accused of relying too much upon technicalities. It is said that it resorts to splitting hairs, and forsakes the demands of common sense and justice in so doing. Much of this criticism comes from those who, in common parlance, don't know what they are talking about; who fail to understand the complexities that necessarily attend the establishment and enforcement of rules by which the...

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