Wright v. Young

Citations

• 75 Kan. 287
• 89 P. 694
• 1907 Kan. LEXIS 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Probate Court — Probate of a Will — Contest Not Authorized. By the provisions of chapter 526 of the Laws of 1905- any person interested in having the application for the probate of a will denied may demand the right to have his witnesses examined in opposition; but the issues involved in the application were not changed or enlarged by the act- so as to authorize a contest of the will in the probate court.</p> <p>2. - Evidence Sufficient to Admit Will to Probate. The rule that only a prima facie showing is required to admit a will to probate was not abrogated by the act of 1905. When such prima facie showing is made it is the duty of the court to admit the will, unless for some of the reasons mentioned in section 15 of the act relating to wills (Gen. Stat. 1901, § 7952) the court finds conclusively from the evidence that the will should not be probated.</p> <p>S. - Scope of Inquiry — Discretion of Court. The extent and scope of the inquiry in opposition to the probate rests in the discretion of the court hearing the application.</p>