Pearson v. Ossian (1988)

To have testamentary capacity, the testator must know and understand (1) “the nature of the instrument that is being executed”; (2) “the nature and extent of his property”; (3) “the natural objects of his bounty; and” (4) “the distribution he desires to make of his property.” Pearson v. Ossian, 420 N.W.2d 493, 495 (Iowa Ct. App. 1988).

In re Estate of Lachmich, 541 N.W.2d 543, 545 (Iowa App.1995) (citing Pearson v. Ossian, 420 N.W.2d 493, 495 (Iowa App.1988)).

In re Estate of Lachmich, 541 N.W.2d 543, 545 (Iowa App.1995) (citing Pearson v. Ossian, 420 N.W.2d 493, 495 (Iowa App.1988)).

Pearson v. Ossian, 420 N.W.2d 493, 495 (Iowa App.1988).

Pearson v. Ossian, 420 N.W.2d 493, 495 (Iowa App.1988).

Iowa R.App.P. 4; Pearson v. Ossian, 420 N.W.2d 493, 494 (Iowa App.1988).

Pearson v. Ossian, 420 N.W.2d 493, 495 (Iowa App.1988).

See Pearson v. Ossian, 420 N.W.2d 493, 495 (Iowa Ct. App. 1988); see also Iowa Code §§ 633.33 (2017) (“Actions to set aside or contest wills, for the involuntary appointment of guardians and conservators, and for the establishment of contested claims shall be triable in probate as law actions . . . .”), .311 (“An action objecting to the probate of a proffered will, or to set aside a will, is triable in the probate court as an action at law . . . .”); Iowa R.

App. P. 6.903(2)(g)(3) (“Failure to cite authority in support of an issue may be deemed waiver of that issue.” (emphasis added)); see also Pearson v. Ossian, 420 N.W.2d 493, 494 (Iowa Ct. App. 1988) (noting discretionary nature of a waiver determination).