Evans v. Evans

Citations

• 109 Kan. 608
• 201 P. 60
• 1921 Kan. LEXIS 335

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Refusal to Probate Will — Jurisdiction of District Court — Issues that May Be Determined. Sections 1 and 2 of chapter 336 of the Laws of 1917 interpreted, and held, the issues of due execution of a will, testa- . mentary capacity of the testator, and his freedom from restraint, may be conclusively determined in an action commenced in the district court to contest an order of the probate court refusing probate of the will.</p> <p>2. Same — Assignments of Error Without Substantial Merit. Assignments of error relating to an instruction given the jury, and the sufficiency of the evidence to sustain the findings of fact, considered, and held to be without substantial merit.</p>