Stafford v. Sutcliffe

Citations

• 103 Kan. 592
• 175 P. 981
• 1918 Kan. LEXIS 332

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Action to Set Aside. The evidence is examined, and held to support the findings.</p> <p>2. Same — Refusal to Set Aside Findings. It was not error to deny the defendant’s motion to set aside the findings.</p> <p>3. Same — Nonexpert Witnesses as to Sanity — Proper Questions. Non-expert witnesses should be asked to give the extent of their knowledge and observation of the conduct and appearance of the person whose sanity is questioned, and may then be properly asked to' give their opinions as to such sanity. This practice was substantially followed in the trial below, and such evidence should be considered.</p> <p>4. Same — Confidential Relation of Drawer of Will. The evidence of the confidential relation of the principal beneficiary to the testatrix justified the conclusion that he was incompetent to take, under section 11765 of the General Statutes of 1915.</p>