Hoff v. Hoff

Citations

• 106 Kan. 542
• 189 P. 613
• 1920 Kan. LEXIS 601

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will and Deeds — Actions to Set Aside — Undue Influence — Mental Incapacity — Findings of Fact Conclusive. The record in a consolidated action to set aside a will and to set aside certain conveyances examined, and the familiar rule adhered to that the determination of issuable facts is the exclusive province of the trial court, and that such determination will not be disturbed on appeal when there is substantial though controverted evidence to support the trial court’s findings and judgment.</p> <p>2. Same — Instruments Executed through Undue Influence. The evidence examined, and held sufficient to prove that the will and codicil and certain conveyances of realty were made and executed through the undue influence of one of the principal beneficiaries of the will, who was also the grantee of the conveyances.</p> <p>3. Same- — Evidence—Mental Incapacity of Testator Shown. The finding of want of sufficient mental capacity to make and execute the will and codicil and the conveyances of realty is supported by evidence.</p> <p>4. Same — Property Transferred Without Consideration — Equitable Belief. Where there are no actual creditors to be defrauded, and there is only a mental purpose to hinder imaginary creditors, equity will relieve against transfers of property without consideration.</p> <p>5. Same — Claims of Undue Influence and Mental Incapacity Not Inconsistent. While there is no necessary relation between undue influence and want of testamentary capacity, and the one may exist without the other, the findings of the trial court that a will, codicil, and conveyances were void because of the existence both of undue influence and want of sufficient mental capacity are not inconsistent. Both may exist together, and under the evidence to which the trial court gave credence, both did exist in this case.</p>