attestation clause in Iowa

1966This is the general rule and so held in Iowa.” In re Estate of Repp, 241 Iowa 190, 197 , 40 N.W.2d 607 , and cases cited.

1966This is the general rule and so held in Iowa.” In re Estate of Repp, 241 Iowa 190, 197 , 40 N.W.2d 607 , and cases cited.

1949Speaking of the attestation clause of the will, we said in In re Estate of Olson, 239 Iowa 1149, 1154 , 34 N. W. 2d 207 , 210: “Such a clause, reciting the observance of statutory requirements as to the execution of the will, raises a presumption of the due execution of such will, if proof is made of the genuineness of the signatures of the witnesses and testator.

1949Speaking of the attestation clause of the will, we said in In re Estate of Olson, 239 Iowa 1149, 1154 , 34 N. W. 2d 207 , 210: “Such a clause, reciting the observance of statutory requirements as to the execution of the will, raises a presumption of the due execution of such will, if proof is made of the genuineness of the signatures of the witnesses and testator.

1950“An attestation clause is prima facie evidence of the facts stated or recited therein.” 68 C.J., Wills, section 798, page 1017; In re Estate of Mathews, 234 Iowa 188 , 12 N.W. 2d 162 .

1950“An attestation clause is prima facie evidence of the facts stated or recited therein.” 68 C.J., Wills, section 798, page 1017; In re Estate of Mathews, 234 Iowa 188 , 12 N.W. 2d 162 .

1944Section 11852, Code, 1939; Hull v. Hull, 117 Iowa 738 , 89 N. W. 979 ; Nixon v. Snellbaker, 155 Iowa 390 , 136 N. W. 223 .

1944Section 11852, Code, 1939; Hull v. Hull, 117 Iowa 738 , 89 N. W. 979 ; Nixon v. Snellbaker, 155 Iowa 390 , 136 N. W. 223 .

1944Section 11852, Code, 1939; Hull v. Hull, 117 Iowa 738 , 89 N. W. 979 ; Nixon v. Snellbaker, 155 Iowa 390 , 136 N. W. 223 .

1944Section 11852, Code, 1939; Hull v. Hull, 117 Iowa 738 , 89 N. W. 979 ; Nixon v. Snellbaker, 155 Iowa 390 , 136 N. W. 223 .

1957We do not have exactly the same situation in the present ease as in In re Estate of Puckett, 240 Iowa 986, 996 , 38 N.W.2d 593, 598 , but in that ease the attestation clause was partly on the first page of the will proper, which had been signed by the testator.

1957We do not have exactly the same situation in the present ease as in In re Estate of Puckett, 240 Iowa 986, 996 , 38 N.W.2d 593, 598 , but in that ease the attestation clause was partly on the first page of the will proper, which had been signed by the testator.

1950To quote from the opinion (page 598 of 289 Ill., page 561 of 124 N.E.): “He also testified that, he had forgotten at one time that he had ever signed the instrument but that after refreshing his recollection he remembered it.” The court held there was a prima facie case of due execution which was “absolutely uncontradicted.” The opinion states (page 600 of 289 Ill., page 562 of 124 N.E.): “It is not singular or unusual for attesting witnesses not to be able to remember all that occurred at the execution of the will or as to what they saw of the will or of the signature of the testator thereto.

1950To quote from the opinion (page 598 of 289 Ill., page 561 of 124 N.E.): “He also testified that, he had forgotten at one time that he had ever signed the instrument but that after refreshing his recollection he remembered it.” The court held there was a prima facie case of due execution which was “absolutely uncontradicted.” The opinion states (page 600 of 289 Ill., page 562 of 124 N.E.): “It is not singular or unusual for attesting witnesses not to be able to remember all that occurred at the execution of the will or as to what they saw of the will or of the signature of the testator thereto.

1950To quote from the opinion (page 598 of 289 Ill., page 561 of 124 N.E.): “He also testified that, he had forgotten at one time that he had ever signed the instrument but that after refreshing his recollection he remembered it.” The court held there was a prima facie case of due execution which was “absolutely uncontradicted.” The opinion states (page 600 of 289 Ill., page 562 of 124 N.E.): “It is not singular or unusual for attesting witnesses not to be able to remember all that occurred at the execution of the will or as to what they saw of the will or of the signature of the testator thereto.

1950To quote from the opinion (page 598 of 289 Ill., page 561 of 124 N.E.): “He also testified that, he had forgotten at one time that he had ever signed the instrument but that after refreshing his recollection he remembered it.” The court held there was a prima facie case of due execution which was “absolutely uncontradicted.” The opinion states (page 600 of 289 Ill., page 562 of 124 N.E.): “It is not singular or unusual for attesting witnesses not to be able to remember all that occurred at the execution of the will or as to what they saw of the will or of the signature of the testator thereto.

1950In re Estate of Early, 234 Iowa 570, 573 , 13 N.W.2d 328, 330 , and citations; In re Estate of Mathews, 234 Iowa 188, 193 , 12 N.W.2d 162, 164 ; In re Estate of Bybee, supra, 179 Iowa 1089, 1093 , 160 N.W. 900 .

1950In re Estate of Early, 234 Iowa 570, 573 , 13 N.W.2d 328, 330 , and citations; In re Estate of Mathews, 234 Iowa 188, 193 , 12 N.W.2d 162, 164 ; In re Estate of Bybee, supra, 179 Iowa 1089, 1093 , 160 N.W. 900 .

1950In re Estate of Early, 234 Iowa 570, 573 , 13 N.W.2d 328, 330 , and citations; In re Estate of Mathews, 234 Iowa 188, 193 , 12 N.W.2d 162, 164 ; In re Estate of Bybee, supra, 179 Iowa 1089, 1093 , 160 N.W. 900 .

1949It is said in Roche v. Nason, 105 App. Div. 256, 265 , 93 N. Y.

1943In re Estate of Harter, 229 Iowa 238 , 294 N. W. 357 , citing In re Will of Hulse, 52 Iowa 662 , 3 N. W. 734 .

1943In re Estate of Harter, 229 Iowa 238 , 294 N. W. 357 , citing In re Will of Hulse, 52 Iowa 662 , 3 N. W. 734 .

1943In re Estate of Harter, 229 Iowa 238 , 294 N. W. 357 , citing In re Will of Hulse, 52 Iowa 662 , 3 N. W. 734 .

1943In re Estate of Harter, 229 Iowa 238 , 294 N. W. 357 , citing In re Will of Hulse, 52 Iowa 662 , 3 N. W. 734 .

1902Therefore there was an attestation clause showing the requisite facts, signed by two witnesses, and this is prima facie sufficient. 1 Underhill, Wills, 276; Bigelow, Jarman Wills, 57; In re Meurer's Will, 44 Wis., 392 , ( 28 Am.

1902Therefore there was an attestation clause showing the requisite facts, signed by two witnesses, and this is prima facie sufficient. 1 Underhill, Wills, 276; Bigelow, Jarman Wills, 57; In re Meurer's Will, 44 Wis., 392 , ( 28 Am.