Singer v. Taylor

Citations

• 90 Kan. 285
• 133 P. 841
• 1913 Kan. LEXIS 204

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Undue Influence — Jury Called — Jury Discharged — No Prejudicial Error. The withdrawal of a case from a jury called to aid the court in determining questions of fact in an action to set aside a will because of undue influence at the conclusion of plaintiff’s evidence is not a ground of error, and could not have operated to the prejudice of the plaintiff since no substantial testimony of undue influence was produced.</p> <p>2. - Unequal Division of Property — No Presu/mption of Undue Influence. The fact that the property of a testator was unequally divided by him in his will does not, of itself, raise a presumption of undue influence.</p> <p>3. - Same.- The plenary power in a testator to dispose of his property as he may see fit includes the right to make an unnatural or an unreasonable disposition of his property.</p> <p>4. --- Interpretation of the Word “Paid.” After making certain specific bequests and the giving of a life estate in the remainder of his property to his wife the testator provided in his will that at the death of his wife, “I direct and it is my will that the residue of my estate shall be paid to my beloved son.” Held, that the wiord “paid,” interpreted in the light of the language in the will, is a word of gift and will convey the residue of the estate to the son.</p> <p>5. - Presumption that Testator Disposed of All His Property. In the absence of a definite provision to the contrary, it is to be presumed that a testator intended to dispose of his whole estate and did no.t intend to die intestate as to any part of it.</p>