Barnes v. Brownlee

Citations

• 97 Kan. 517
• 155 P. 962
• 1916 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Foreign Judgment Admitting Will to.Probate — WJien Conclusive against Collateral Attack. In a proceeding to establish and probate a will in another state the judgment recited that jurisdiction had been obtained by the service of a citation and notice upon the parties therein “in the manner and for the length of time required by law.” Held, that the finding and adjudication is-conclusive evidence that notice was duly given and jurisdiction acquired in the case as against a collateral attack.</p> <p>2. Will — Destroyed by Fire — Execution and Contents Proven■ — Admitted to Probate in Foreign Court — Entitled to Full Faith and Credit. In the proceeding to establish and probate the will which had been destroyed by a fire that had caused the death of the testatrix, it was found that the will so accidentally destroyed had been duly executed and had never been revoked. The conditions of the will were found and declared; the names and residences of the heirs were stated; the reason why the original will could not be produced was recited; and the will proven was admitted to probate. Held, that the adjudication so made stands as evidence of the will of the testatrix and the disposition that she made of her property, and that an authenticated copy of the judgment establishing and declaring the provisions of the will is entitled to be admitted to record in the probate court of any county of this state in which property of the estate may be situated.</p>