# Wiltsey v. Wiltsey

> Supreme Court of Iowa · November 20, 1906 · 135 Iowa 430

URL: https://www.frixlaw.com/law-library/cases/7112570

## Case

- **Full name:** In the Matter of Probate of Will of Tolman Wiltsey, Spencer Wiltsey and John Monroe, Proponents and v. Anna Wiltsey, as Administratrix of the Estate of Eugene Wiltsey, Contestant
- **Court:** Supreme Court of Iowa
- **Decided:** November 20, 1906
- **Citations:** 135 Iowa 430; 109 N.W. 776
- **Precedential status:** Published
- **Opinion:** Concurrence by Deemer
- **Judges:** Deemer, McClain
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7112570

## Opinion text

Deemer, J.
(concurring).— I agree to the conclusion, but not to the construction placed upon section 245 a of the Code Supplement of 1902. I do not wish to announce the rule or be bound by an announcement that a special finding upon an issue for which there is no evidence whatever is cured by a finding upon another issue which there is evidence to sustain.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7112570. Public record. Not legal advice.
