Higbee v. Bloom

Citations

• 108 Kan. 723
• 196 P. 1080
• 1921 Kan. LEXIS 252

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — Action to Set Aside — Mental Incapacity — Undue Influence — Evidence. In an action to set aside a will on the ground of the mental incapacity of the testator and alleged undue influence exercised by his wife, who was the principal benéficiary, findings of fact considered, and held (following Ginter v. Ginter, 79 Kan. 721, 101 Pac. 634) insufficient to sustain a judgment setting aside the will on the ground of undue influence, and further held (following Wisner v. Chandler, 95 Kan. 36, 147 Pac. 849), that notwithstanding the testator was 76 years of age and suffered through senile dementia, the provisions of the contested will and the findings showing the circumstances under which it was dictated and executed, establish the mental capacity of the testator immediately before and at the time of its execution.</p>