Carmen v. Kight

Citations

• 85 Kan. 18
• 116 P. 231
• 1911 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Devise by Wfife — Consent of Husband. The testatrix, who had a husband but no children, had a right to devise one-half of her property to her brothers and sisters without the consent of her husband.</p> <p>2. - Confidential Relations — Undue Influence ■— Presumptions. Her sister, a beneficiary under the will, nursed and cared for testatrix during an 'illness of several months and the relations between them were affectionate and confidential, but these facts of themselves do not raise a presumption that, the sister exerted undue influence over the testatrix in the making of the will.</p> <p>3. -:— Evidence of Fraud or Undue Influence. Upon the request of the testatrix her sister asked the scrivener to prepare a will and communicated to him the provisions which the testatrix desired to be written in it and was in the house with the testatrix when the will was executed, but there is no testimony that she attempted to influence or control the testatrix in the disposition of her property, a disposition which, under the circumstances, was not unnatural nor illogical. Held, that these facts do not of themselves warrant an inference that the will was executed through fraud or undue influence.</p> <p>4. - Same. The mere fact that the testatrix desired that her husband should not know of th,e will, and that it was executed without his consent or knowledge, and that the sister and scrivener were aware of this purpose, does not create a presumption of undue influence.</p>