McCarthy v. Weber

Citations

• 96 Kan. 415
• 151 P. 1103
• 1915 Kan. LEXIS 395

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Evidence Required to Warrant Admission of Will to Probate. In a proceeding brought to admit a paper to probate as a will a prima facie showing that the instrument was legally made by one who was sound of mind and free from restraint, if not contradicted or overcome by other testimony, is sufficient to warrant the admission of the instrument to probate, but if rebutting evidence is offered and discrediting circumstances are shown the issues involved must be determined by the probate court, or the district court on appeal, upon all the evidence produced, the same as any other civil case, and findings of the trial court on these issues based on conflicting testimony are binding on the supreme court when reviewing a judgment allowing or refusing the probate of a-propounded instrument.</p> <p>2. Same — Evidence Insufficient. The evidence examined and held to be sufficient to sustain the finding and judgment that the instrument offered was not entitled to be admitted to probate.</p>