Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
Any person of full age and sound mind may dispose, by will, of all his
property except what is sufficient to pay his debts, or what is allowed
as a homestead, or otherwise given by law as privileged property to his
wife and family. [§3522.] The validity of a will depends upon the mental
capacity of a testator and the fact that he was uninfluenced in making
the disposition of his property. If it appears that the testator was
incapable of exercising discretion and sound judgment and of fully
realizing the effect and consequences of the will, though he may not be
absolutely insane, he will not be in such mental condition that he can
make a legal will. If he is of weak mind and it appears that he was
imposed upon or unduly influenced, such facts will invalidate the will.
A testator having testamentary capacity may dispose of his property in
any manner, and to any person he may choose, and may deprive his heirs
of any share in his estate, without any explanation or any express
declaration of disinheritance. The fact that a will is unjust and
unreasonable, in the absence of proof of undue influence, or
insufficient capacity, will not render the will void.
[Sidenote: Subsequent property.]
Property to be subsequently acquired may be devised when the intention
is clear and explicit. [§3523.] If the intention to convey property
acquired after the execution of the will is apparent or may be inferred
from a fair construction of the language used, it will be sufficient,
although the intention may not be directly expressed.
[Sidenote: Verbal wills.]
Personal property to the value of three hundred dollars may be
bequeathed by a verbal will, if witnessed by two competent witnesses.
[§3524.]
[Sidenote: Soldier or mariner.]
A soldier in actual service, or a mariner at sea, may dispose of all his
personal estate by a will so made and witnessed. [§3525.]
[Sidenote: In writing. Witnessed. Signed.]
All other wills, to be valid, must be in writing, witnessed by two
competent witnesses and signed by the testator, or by some other person
in his presence and by his express direction. [§3526.] It is necessary
that the witnesses shall subscribe the will, but not that they shall
have any knowledge of its contents, nor that they shall see the testator
sign it. It is sufficient if the signature is adopted or acknowledged in
their presence. If a will is made with the intention of disposing of
real property it must be executed according to the requirements of the
laws of the state where the real property is situated.
[Sidenote: Interest of witness.]
No subscribing witness to any will can derive any benefit therefrom,
unless there be two disinterested and competent witnesses to the same.
[§3527.] But if, without a will, he would be entitled to any portion of
the testator's estate, he may still receive such portion to the extent
in value of the amount devised. [§3528.]
[Sidenote: Revocation.]
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