Holmes v. Campbell College

Citations

• 87 Kan. 597
• 125 P. 25
• 1912 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Construction—Reformation—Intention. The court has no power to reform a will so as to conform to the intentions of the testator shown by external evidence to be different from those expressed in the instrument.</p> <p>2. - Mistakes — Testamentary Capacity. The fact that a testator is grossly mistaken as to the extent of his estate does not establish a want of testamentary capacity, the true test in this regard being whether he is capable of comprehending the quantity of his property and its value.</p> <p>3. -- Setting Aside Portion of Will. If a portion of a will-may ever be set aside for want of testamentary capacity, while the rest is upheld, it can only be where the testator, being able to- transact business generally, and capable of disposing of his property in other respects, is unable by reason of some specific delusion or mental defect to comprehend the effect of the provision in question.</p> <p>4. -Evidence -— Want of Testamentary Capacity. Evidence that a testator who was otherwise competent made a college, in which he had previously shown no interest, his residuary legatee, under the belief that his estate was practically exhausted by specific bequests, when in fact the residue amounted to more than two-thirds of the whole, is not sufficient to warrant a finding of a want of capacity to make such provision.</p>