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Supreme Court of Kansas· 12/1/1904

Lanning v. Gay

Citations

  • 70 Kan. 353
  • 78 P. 810
  • 1904 Kan. LEXIS 52

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Testimony of Husband of Legatee. A husband who is one of the subscribing witnesses to a will is not disqualified from giving testimony before the probate court to establish its due execution because of the fact that his wife is a legatee.</p> <p>2. -Husband and Wife as Witnesses — Statute Construed. The provisions of section 4771, General Statutes of 1901, which render a husband or wife incompetent to testify for or against each other in an action, except in certain specified cases, do not disqualify a husband from testifying before the probate court in a proceeding to establish a will in which his wife is named as legatee.</p> <p>3. Practice —Actions and Special Proceedings Distinguished. The distinction between actions and special proceedings noted.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • a proceeding in the probate court to establish a will does not come within the category of a \civil action\, but is a special proceeding
  • a proceeding in the probate court to establish a will does not come within the category of a “civil action”, but is a special proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith

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Cited by

16 cases in this archive cite this case.

Cites

3 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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