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>