Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1921-01-12
Denied A NEW TRIAL.
Judge Springer Refused TO Grant
New Trial in Rosa Will Case.

A new trial Of the John Rosa will
case which was tried here at the
September term of court, was denied
by Judge Springer in a decision on
Jan. 4. The case was hard fought
one and lasted around 20 days. Will
lett & Nelson and M. J. Carter, of
Ossian were the attorneys for the
will and w. S. Hart, of Waukon and
+. W. Cutting, of DEBORAH for the
contestants. The value of the estate
was estimated around $500, and was
left to Hiram Daniels, Alice Daniels
and Mary Arden, the latter's sisters
of John Rosa's deceased wife. The
jury sustained the will, and a motion
for new trial was made. Judge
Springer took the matter under adj
visement and on Jan. A rendered the
following decision:
The motion for new trial in this
case was submitted at the September
1920 term of this court and was. by
the order of the court taken under
Amusement and by consent order in
relation thereto was to be, when
made, sent to the clerk of this court
and entered of record as of the
date received by him.
fhe only serious complaint made
by contestants and which is specific
enough to call the courts attention
sirectiy to the matter complained of
is the 9th paragraph of the instruct
IONS given by the court to the jury,
which told the jury that, if they
fouhd John Rosa OF sound mind at
tho time of the execution of the will,
they should sustain the will. The
jusX, evidently following this in
struction, sustained the will and BY
SO doing found that John Rosa, at
the time of the execution thereof,
was of sound mind. Serious COM
plaint is made because it is claimed
the court decided, as a matter of
fact, that John Rosa was at some
TIME prior to the execution of the |
win or in fact at all times prior |
thereto of sound mind, instead of |
leaving that question to the jury, |
and in saying to the jury that the |
burden of proof rested upon the con-
testantS.
The rule in relation to this matter
is very we'll established and laid |
down in the Bever Case, 90 Iowa COL |
ard. again approved in the Kirscher |
case, l20 Iowa 341. The evidence |
without dispute shows that no men |
tai alteration or physical condition |
of Joha Rosa at any time before the
execution of the will was more than
temporary furry if such existed
in fact, and common sense, saving !
nothing of the rule established by |
our own court, declares chat there I
is no condition existing in the pres
eHt case as would warrant the court |
IN saying to the jury that the bur
den shifted, because whatever dis
turbance there might have been in
John Rosa's mind prior to the MAX
ing OF the will was of the slightest !
kind, if any existed, and we find that
he practically the same during his
entire life and up to within some
lapse Of time after the executing of
the will.
The evidence without question
shows that John Rosa was am &C.
centric man, with sometimes peculiar
ideas, but at the same time il fur
Their shows that he understood what
he wanted to do with his property
and without doubt it was disposed of
as he desired, and in fact he showed T,
good business sense in making a
VIII. On the whole the court is fully
satisfied with the verdict rendered
and believes that no other verdict
was possible under the evidence.
The motion for a new trial is |
therefore overruled and contestants
except.
Dated at New Hampton, Iowa, this
4th day of January, 1921.
w. j. SPRINGER, Judge.