Grimshaw v. Kent

Citations

• 67 Kan. 463
• 73 P. 92
• 1903 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Dvidence of Mental Capacity. Where the issue to be tried relates to the mental capacity of one to enter into a contract, non-expert witnesses who have been thrown in close and intimate relations with the person whose mental capacity is questioned, and who have had ample opportunity of observing the conduct of such person, may give in evidence their opinion as to the mental capacity of such person at the time the contract was made.</p> <p>2. - Transactions with Deceased Person. In an action by an administrator of the estate of a deceased person, the defendants, if otherwise qualified, may testify as to the mental capacity of the deceased at the time the contract is claimed to have been made. '</p> <p>3. -Privileged Communications — Attorney and Client. A lawyer who prepared a contract at the request of such deceased person may be permitted to give in evidence a conversation with the deceased at the time the contract was executed, for the purpose of showing that the deceased knew and understood the contents of the contract, if the relation of attorney and client did not exist between the witness and such deceased person.</p>