Hopper v. Sellers

Citations

• 91 Kan. 876
• 139 P. 365
• 1914 Kan. LEXIS 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Claim of Indebtedness Made in Will — Can Not be Disputed by Extrinsic Evidence to Enlarge Devise. A will gave the estate of the testatrix to her seven children, share and share alike, subject to these conditions and qualifications: The testatrix claimed in the will that two sons were indebted to hei in stated amounts and provided that unless such amounts were, paid before her death they should be deducted from the sons’ portions of the estate. The sons brought suit to set aside the-will. Held, extrinsic evidence was not admissible to dispute-the claim of indebtedness made in the will and thereby increase the shares given to the contestants.</p> <p>2. Same — Mistake of Judgment as to Sons’ Indebtedness Does Not Shoiv Want of Free Agency. The will was contested on the ground of undue influence. Held, the question whether the-testatrix was wrong in her opinion and judgment respecting the indebtedness of her sons had nothing to do with the question whether or not she was a free agent in making the will, and that evidence disputing the claim of indebtedness made in the will was not material.</p> <p>3. Same — Fraud. The will was contested on the ground of fraud. Held, that in the absence of proof connecting the persons, charged with the fraud with the making of the will, as inducing or procuring agencies, evidence disputing the claim of' indebtedness made in the will was not material.</p> <p>4. Same — Declarations of Stranger to Will Inadmissible. Declarations of a stranger to the will and to the action, made after the death of the testatrix, tending to show that he procured the claim of indebtedness to be inserted in the will, were not binding on the contestees and were inadmissible under the hearsay rule.</p> <p>5. Same — Conduct of Stranger to Will Inadmissible. Conduct of' one who had been the agent of the testatrix in her lifetime in looking up evidence relating to the claim of indebtedness in the will and entering the items