DeCrow v. Harkness

Citations

• 100 Kan. 144
• 163 P. 630
• 1917 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE CQURT.</p> <p>1. Will — Delusion of Testator■ — •Instruction. An instruction touching delusion, of which there is no evidence except the preference shown by the will, criticized.</p> <p>2. Will ■ — • Contest — Mental Incapacity — Discrimination Between Children — Instructions. A charge that in deciding whether the testator was of sound mind when he made the will the jury might consider the reasonableness or unreasonableness of the manner in which he disposed of his property, and that if they believe that a man of sound mind would not have been likely to discriminate between children as he did in his will they might consider this with other circumstances in determining the question of his mental capacity, held ■ error.</p> <p>3. Same. In the absence of a showing of metal incapagity or undue influence it is none of the jury’s business what disposition the testator made of his property.</p>