Iowa Court Upholds Verdict

FEENEY

Posted By: Ken Wright (email)
Date: 5/9/2007 at 16:48:23

Iowa Court Upholds Verdict In Feeney Will.
Controversy over $72,000 estate ended.
In a decision rendered last week, the Iowa Supreme Court has upheld a Jackson County District Court jury verdict.
The Jackson County verdict, delivered here in May, 1951, concerned itself with the estate of the late James F. Feeney. As a result of the state court's action, the portion of the Feeney estate which had not been distributed to specific beneficiaries will now be divided among his legal heirs instead of being given to the Society for the Propagation of the Faith.
The Society, a Catholic organization for the spread of the faith, both at home and in foreign mission fields, had appealed the Jackson verdict to the Iowa Court. The appeal was based on objections to certain rulings and certain instructions to the jury as made by Judge M.L.Sutton, who presided at the trial. In last week's Supreme Court decision, all rulings and instructions delivered by Judge Sutton were approved by a unanimous decision; Judge W.A.Smith did not participate.
The case was that of Hazel Olson, James Howard Feeney and Mary Feeney, plaintiffs, versus the Corporation of New Melleray, Society for the Propagation of the Faith, Raymond Feeney as executor of the estate of James Feeney, and various Catholic Churches and individuals who were beneficiaries of the estate in question. Plaintiffs sought to have the will and its codicil set aside on the grounds of mental incapacity, undue influence, fraud and coercion.
Major emphasis at the trial in Jackson District Court was on the portion of the Feeney will which stipulated that, after specific bequests were made, the residue of the estate, estimated to approach $40,000, should go to the Society for the Propagation of the Faith. Contested also was a codicil which reduced several of the specific bequests.
Testimony showed that Mr. Feeney's will was drawn in the offices of Frank A. and Francis J. O'Connor, Dubuque attorneys, in July 1948. The codicil was drawn in September, 1949. Plaintiffs alleged "undue influence" on behalf of the society "through one or more of the three persons, Msgr. John M. Wolfe, Frank A. O'Connor and Francis J. O'Connor." The Iowa court opinion of last week says Msgr. Wolfe is secretary of the society. Frank A. O'Connor is listed as a director of the society and his law firm is listed as having served as the society's lawyers.
After a three week trial by jury here in May of 1951, the jury deliberated four hours and 15 minutes, then returned the verdict which set aside the Feeney will and codicil as far as the Society for the Propagation of the Faith's share was concerned.
Feeney, a retired farmer and bachelor, died in Maquoketa on Feb. 28, 1950, at the age of 72. His will was admitted to probate Mar. 16, 1950, and all specific bequests had been made before the suit was filed in March, 1951. The bequests included varying sums to the Otter Creek, Maquoketa and Lenox,Ia, Catholic churches, to the corporation of New Melleray and to individual relatives and friends. These bequests were not attacked or questioned in the courts. The Feeney estate, at the time of the district court trial here, was estimated as approximately $72,000.
(Maquoketa Community Press, November 24, 1953.)