McConnell v. Keir

Citations

• 76 Kan. 527
• 92 P. 540
• 1907 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Probate—Execution—Burden of Proof. In a proceeding for the probate of a will the burden rests upon the proponents to establish its valid execution. But this rule is qualified by another, which requires only a prima facie showing of the validity of the will and its due execution to entitle it,to probate.</p> <p>2. -Prima Facie Showing Sufficient to Admit to Probate— Testamentary Capacity. Where a will is executed in proper form by one who the subscribing witnesses testify was of sound mind and free from restraint, a prima facie showing is made sufficient to admit the will to probate. In such a case, where the claim that the testator lacked testamentary capacity is based solely upon remote instances of conduct from which it is sought to raise a presumption that he was of unsound mind, and involves an inquiry into his past life, it is the duty of the court to admit the will to probate, and leave these questions to the more formal procedure of a contest.</p> <p>3. --— Knowledge of Contents — Presumption—Assistance of a Beneficiary. In proceedings for probating a will, where there is no evidence of extreme weakness of the testator arising from the near approach of death nor of lack of capacity to understand what he was doing, the usual presumption of his knowledge of the contents of a will formally signed by him in the presence of witnesses is not overcome by the fact that one who assisted in its preparation is a beneficiary under its terms.</p> <p>4. --- Sufficiency of Evidence — Knowledge of Contents. Evidence examined and held to make a sufficient prima facie showing that the testator knew the contents of the paper purporting to be his will.</p> <p>5. - Written Statements of Subscribing Witnesses. The written statements of the subscribing witnesses made under oath at the preliminary offer of probate are admissible in evidence on the trial in the district court upon appeal from proceedings to probate a will.</p>