Weaver v. Raub

Citations

• 113 Kan. 151
• 213 P. 641
• 1923 Kan. LEXIS 353

Syllabus

<p>SYLLABUS- BY THE COURT.</p> <p>1. Nuncupative Will — Established by Sufficient Evidence. The evidence examined and held sufficient to justify the trial court in finding that a nuncupative will had been made.</p> <p>2. Same — May Be Admitted to Probate Under Clear and Convincing Evidence. A nuncupative will may be admitted to probate where the evidence to prove it is clear and) convincing, although that evidence may differ in some particulars.</p> <p>3. Same. Questions asked of one who is making a nuncupative will, when asked solely for the purpose of ascertaining the maker’s desire, will not destroy the will nor defeat its being admitted to probate.</p>