Wilson v. Colborn

Citations

• 106 Kan. 440
• 188 P. 430
• 1920 Kan. LEXIS 576

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Action to Set Aside — Mental Incapacity and Undue Influence ■ — Evidence—Findings. The findings of fact examined, and found to be supported by the evidence.</p> <p>2. Same. The conclusions of law examined, and found to be supported by the evidence and findings of fact.</p> <p>3. Same. It was not error to refuse the findings submitted by the defendants.</p> <p>4. Same. As the trial was by the court without a jury, it will be assumed that if any incompetent evidence was received the competent was sifted therefrom and alone regarded.</p> <p>5. Same — Evidence—Transaction with Person Since Deceased. One of the defendants was the brother of the plaintiif and also a trustee under the will. His cotrustee was a party and executor of the estate of the deceased. It was sought to prove by them that they had had certain conversations with the testatrix as to how she desired her property to go at her-death. Held, that the court properly refused to receive this testimony.</p>