Baird v. Baird

Citations

• 70 Kan. 564
• 79 P. 163
• 68 L.R.A. 627
• 1905 Kan. LEXIS 10

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Verbal Will ’’ — Statute Construed. The statute of Kansas provides that a verbal will may be made in the last sickness of the testator. (Gen. Stat. 1901, §8007.) By this term it is not meant that he must be in extremis or in articulo mortis; nor is it necessary that he be prevented from making a written will by surprise of sudden' death.</p> <p>2. -Expectancy and Liability of Death from the Fatal Disease. The requirement that a verbal will, to be valid, must be made in the last sickness is satisfied if the fatal disease has progressed to such a point that the testator expects, and is liable, to die therefrom at any time, and, in view of such expected death, and as preparatory thereto, such will is made, and if death ensues from such illness.</p> <p>3. -Prior Preparations and Subsequent Opportunity Immaterial. A verbal will made under such circumstances is not rendered invalid by the fact that there had been prior preparation to make it, nor by the further fact that there were sufficient time and opportunity thereafter to make a written one.</p> <p>4. - Testator’s Words to Witness Held Sufficient. The requirement of the statute, that one making a verbal will shall have “called upon some person present at the time the testamentary words were spoken to bear testimony to said deposition as his will,” is satisfied where the testator at the time said to those standing near: “I want you to see that it is carried out the way I want it to be.”</p>