39 Kan. 480 | Kan. | 1888
The opinion of the court was delivered by
On February 18, 1886, Robert O. Lawrie died, in Brown county, leaving the parties to this proceeding as his heirs. Prior to his death he made a will, and left the same in the possession of a neighbor, in which he designated his son Thomas as executor. On March 15, 1886, the will was produced and opened in the probate court, and Thomas Lawrie asked to have the same admitted to probate, but this application was resisted by the other heirs. The hearing of the application was continued on the request of the opposing heirs, until March 23, 1886, to enable them to obtain testimony for the purpose of showing that Robert O. Lawrie, deceased, was not in a competent or sound or disposing con
A question is made upon the finding of the court determining that two papers or instruments constituted the will; but as this can only be determined from all the testimony, and as none of it has been brought up in the record, the question is not properly before us. All that has been determined in the case is, that the will shall be admitted -to probate, and the decision of that question in favor of the will will not preclude any interested party from contesting its validity by a civil ac
The judgment of the district court will be affirmed, except as to the costs, and in that respect it shall be modified so as to divide the costs between the parties in accordance with the direction given in the opinion. The costs in this court will be divided.