Munger v. Myers

Citations

• 96 Kan. 743
• 153 P. 497
• 1915 Kan. LEXIS 484

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Communication with Deceased Person — Construction of Statute. The provision of the civil code (§ 320), which prohibits a person from testifying in his own behalf in respect to transactions or communications had personally with a deceased person in certain cases, places a disqualification upon a witness as a witness rather than a restriction upon the testimony as evidence.</p> <p>2. Setting Aside Deed — Mental Incapacity of Grantor — Letters Written by Deceased — Competent Evidence. Letters written by the deceased person to his son, who is seeking to recover property deeded by his father to another in his lifetime, may be received in evidence, when properly identified, to show the mental capacity of the deceased about the time the letters were written and the deed was executed, and do not fall within the prohibition of section 320 of the civil code.</p> <p>3. Evidence — Objections to Evidence — Must be Specific. An objection that offered testimony is prohibited by section 320 of the civil code should be specific in order to make a ruling thereon available as error.</p> <p>4. Setting Aside Deed — Findings Sustained by Evidence. Findings as to the mental weakness of the grantor and that the conveyance was obtained from him by undue influence of the grantee without consideration are held to be sustained by the evidence.</p>