Harbison v. Beets

Citations

• 84 Kan. 11
• 113 P. 423
• 1911 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Action to Set Aside a Will— Advisory Findings by a Jury — Findings by the Court — Instructions. In a suit to set aside a will questions were submitted to a jury and answers returned which were approved in part and changed and revised in part by the trial court, the findings as finally determined being sustained by portions of voluminous and conflicting evidence. Held, that such findings must be upheld, and that complaints concerning instructions are without avail unless leveled at those which show-that the court misapprehended the law applicable to the case- and which induced the findings.</p> <p>2. --- Consistency of Findings. Such findings, while seemingly inconsistent, being susceptible of reconciliation with one another and with the decree, are controlling.</p> <p>3. Wills — Mental Capacity — Insane Delusion. Mental capacity to understand and direct the terms of a will, made by a man eighty-six years of age to change a former will, is not inconsistent with an insane delusion causing such change.</p>