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eBook details

• Title: In re will of Droge
• Author : Supreme Court Of Iowa.
• Release Date : January 20, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Wilhelmina Droge died September 10, 1931, leaving surviving her, six daughters and one son. She had executed the will in question on November 7, 1925, more than six years prior to her death. Mrs. Lillian Riaski, one of the daughters, is the only contestant. The record is silent as to the amount or value of the estate. The will bequeaths the estate to two of the deceased's daughters, Mrs. Marian Hagan and Kate Rogers, and provides for the appointment of the son, Henry Droge, as executor. It appears that Henry Droge, the son of the decedent and brother of the contestant, went to the office of Henry K. Peterson, an attorney in Council Bluffs, on November 7, 1925, at the request of his mother, the decedent, and requested the attorney to prepare the will in controversy. He later procured the will from Mr. Peterson, drove to the home of his mother and brought her to his place of business in Council Bluffs, where the will was signed by the testatrix and two witnesses, D.W. Thayer and Harve Justice. One of the witnesses to the will, D.W. Thayer, died about five years before the will was offered for probate. At the time the will was executed, Mr. Thayer was operating an elevator in Council Bluffs for Henry Droge, and it was in the office of this elevator that the will was executed. Mr. Thayer was present in the office when Mrs. Droge signed the will, and he signed it at that time as a witness. The other witness, Mr. Justice, was in an elevator immediately across the street and about 100 feet from the office of Mr. Thayer. After the will was signed by the testatrix and the witness, Mr. Thayer, the son, Henry, called to Mr. Justice and when he came up to where Mrs. Droge and Mr. Thayer were, Henry told him that was his mother's will and she wanted him to sign it. This was in the presence of the testatrix and Mr. Thayer, and at that time Mr. Justice signed the will as a witness, in the presence of the testator and Mr. Thayer. Henry Droge testified that he saw Mr. Thayer sign the will as a witness, and, also, that he saw each of the parties sign the will at that time. This witness also testified that he [216 Iowa Page 333] read the will to his mother, the testatrix, exactly as it now appears, and that she could hear and understand English.

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