Sellards v. Kirby

Citations

• 82 Kan. 291
• 108 P. 73
• 1910 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Devisees — • Witnesses — Proof of Execution. The statute (Gen. Stat. 1909, § 9786) making void a devise or bequest to a witness to a will which can not be proved without his testimony applies only to attesting witnesses, not to other persons called upon to testify when the will is offered for probate.</p> <p>2. -- Separate Sheets of Paper — Identification. Where a will offered for probate consists of several separate sheets not permanently fastened together, only the last one bearing the signature of the testator, the connection of the subject matter may be sufficient to establish prima facie the identity of the other sheets.</p> <p>3. -Relation of Draftsman to Testator — Undue Influence. The fact that a will is written by the daughter of the testator, who is named as the executrix, but is not otherwise favored over the other children, does not raise a presumption of undue influence.</p> <p>4. -Draftsman a Beneficiary — Knowledge of Contents— Independent Advice. The fact that a will is written by a daughter of the testator, who shares its benefits equally with the other children, does not make a case for the application of the statutory provision (Laws 1905, ch. 526, §1; Gen. Stat. 1909, § 9787). that a will written by the principal beneficiary, who was the confidential agent or legal adviser of the testator or who occupied any other position of confidence or trust to him, shall not be held valid unless it shall be affirmatively shown that the testator knew the contents and had independent advice with reference thereto.</p> <p>5. -- Revocation — Erasure—Signature. No error appears in the admission to probate of a will, where there was evidence that the testator had duly signed it in ink, below the attestation clause, in the presence of the subscribing witnesses, and a few weeks later had delivered it to the executrix, who retained possession of it until his death, although when it was produced in court the testator’s signa