Sharp v. Losee

Citations

• 109 Kan. 211
• 199 P. 94
• 1921 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Abstract of Record — IWhat It Should Not Contain. An abstract prepared for appeal should be restricted to such portions or'abridgment of the record as may be necessary to a complete understanding of the specific errors relied on for a reversal of the judgment; and it should not be interlarded with comment of counsel. Such comment or argument should appear only in his brief.</p> <p>2. Pleadings — Objections to Petition — How Raised. The plaintiff’s petition examined, and held to be not subject to the objections lodged against it; and held, also, that such objections should have been raised by demurrer.</p> <p>3. Will — Action to Set Aside — Objection to Petition Should Be Raised by Demurrer or Motion. An objection to the sufficiency of the allegations of plaintiff’s petition concerning defendant’s undue influence in procuring the making of a testator’s will should be raised by demurrer or by motion to make more definite and certain; and when neither such demurrer nor motion is filed, and the defendant joins issue, and the cause is fully tried, and the defendant makes no showing that she was surprised by the nature of the evidence adduced in support of plaintiff’s allegations, such objection and the court’s adverse ruling thereon form no basis for reversible error.</p> <p>4. SAME — Evidence—Interested Witness May Testify. However great may be the interest of a witness in the outcome of a civil lawsuit, such interest does not disqualify him from testifying. (Civ. Code, § 317.)</p> <p>5. Same — Action to Set Aside Will — Evidence Shows Mental Incapacity of Testator. The record examined, and held that plaintiff’s allegations touching the testator’s mental incapacity to make a will at the time of its execution was fully sustained by the evidence.</p> <p>6. Same — Will Made Through Undue Influence of Defendant. The findings and judgment that the will was made through the undue influence of the defendant were sufficiently supported by the