The Oskaloosa herald., 1914-04-16
IOWA SUPREME
COURT DECISIONS

Des MOines, April l5.-With Justice
Weaver dissenting, the supreme court
reversed the decision in the case of
CARA l.. House VS.. the Modern Wood
men of America, appellant which
was appealed from the district court
OF Hamilton county. The court held
that the insurance society can not
be compelled TO pay $1,000 policy
for the reason that House was killed
while engaged in an occupation for
hidden by the bylaws OF the organi-
cation. Nathaniel G. House took
policy in the Modern Woodmen in
May, 1905. After several years the
Societl adopted a bylaw forbidding
membership to men engaged as cleo.
trio linemen. House was not then en-
gagged i'm this business. Later he took
up the work and in 1912 he was killed
by coming in contact with an electric
wire while at work. The insurance
company refused TO pay the death
claim and the widow entered suit.
She won in the district court but the
high court reversed the ruling and the
case is sent back for new trial. JUS
tice Weaver in the dissenting opinion
says that ne does not believe with the
rest of the judges that society can
change its contract and invalidate an
insurance policy. He claims that the
supreme court recently has made two
rulings that an insurance company
can not arbitrarily change its contract
for insurance; therefore in the pres
ent case he would affirm the ruling
of the lower court
n n Innicinn nf 10
trict court at Burlington in the case
of Elsie Philpott and Leila Brown
field. contestants, vs.. w. NJ Jones,
let al, proponents and appellants, the
supreme court issued a recommends
ton to district judges of Iowa where.
by it expects to avoid much litiga-
ton. The court says:
I'VE would suggest that in contests
of this kind it would be well for the
court to see to it that all parties in
terested in the contest, or whose
rights might be affected by determi-
nation OF the issue raised in the con-
test. should be served with notice and
made parties of record before the
trial is permitted to proceed. This
will have the effect of avoiding much
litigation and enable the court. in
one proceeding. to determine the
rights of all parties who are affected
thereby"
This case was heard by Justice
Withrow when Judge of Des Moines
Icounty district court, but he took no
part in the case in the supreme court.
Justice Gaynor wrote the opinion,
! Justices Laid. Deemer and. Evans
cOncurring.
This case started April Is, 1912,
when Elsie Philpot and Leila Brown
field, grand-daughters of w. E. Jones,
deceased began action to set aside
a will which he had made and in
which they were ignored. They alleg-
ed that Jones was OF unSOund mind
when he mace the will. The lower
court held that Jones was mentally
deficient and the supreme court af-
firmed the decision. in discussing
mental capacity the court says: The
mere fact. standing alone, that a per
son is old, in feeble health. or that his
memory does not possess the vigor
of youth, or the fact that he was eX-
Guided from his bounty some or all
of his legal heirs, or that his mind
has reached that uncertain stage
that would render him incapable OF
making a contract, or engaging in
complex or intricate business matters,
will not, in and of themselves, defeat
a will executed by him, if, notwith
standing this, he retains sufficient
mind to comprehend the natural OBJ
jects OF his bounty, the nature and
extent of his estate and the DISPOSE
ton he wishes to make of it, with the
full appreciation of those whom he
desires to be recipients OF his bounty
The conditions of the human mind
at any state of human existence is
difficult of proof, perhaps the most
difficult of any with which courts and
juries are compelled to deal. Mental
unsoundness may exist which would
render a man incompetent to make a
Twill, Notwithstanding to all outward
appearances he seems to be sane to
those with whom he comes in casual
contact who are not experts upon the
question" This case aroused more
interest in and around Des Moines
county than any other case which has
| been heard in recent years. The es-
tate in question is said to be rated be-
tween $4,000 and $4,000.