Manwaring v. Reynolds

Citations

• 108 Kan. 777
• 196 P. 1086
• 1921 Kan. LEXIS 265

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — To Set Aside Will — Pleading Evidential Facts — Not Good Pleading. In an action by a widow 'to set aside her deceased husband’s will which cut her off with a pittance and left the bulk of his estate to a woman alleged to have lived with, him for years as his concubine, the details of the testator’s illicit relationship with the beneficiary are not a necessary part of the petition where the cause of action is grounded on the fraud and undue influence of the beneficiary in procuring the making of the will. Such details are merely evidential ■ facts, and not the ultimate facts which alone are required to be stated under the rules of good pleading.</p> <p>2. Same. Under the rules of good pleading, the ultimate facts should be narrated and not the evidence by which those facts may be established.</p> <p>3. Pleadings — Certain Recitals Stricken from Petition — No Prejudicial Error. When there remains a cause of action stated in a petition after certain recitals of fact provable as evidence are stricken therefrom, it is not prejudicial error to strike such recitals from the petition.</p>