Durant v. Whitcher

Citations

• 97 Kan. 603
• 156 P. 739
• 1916 Kan. LEXIS 360

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Lawyer Who Drew the Will — Competent Witness. The rule applied that in an action to set aside a will the lawyer who drew it may testify to the conversation had at the time between himself and the testator.</p> <p>2. Same — Mental Condition of Testator — Competent Witnesses. The ■ scrivener and subscribing witnesses of a will held to be competent witnesses as to the mental condition of the testator.</p> <p>3. Same — Evidence Sustains the Validity of Will. The evidence held sufficient to sustain a judgment upholding a will against an attack on the ground of want of capacity and fraud.</p>