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Johnson v. Briggs

145 P.2d 103, 157 Kan. 727, 1944 Kan. LEXIS 2
CourtSupreme Court of Kansas
DecidedJanuary 22, 1944
DocketNo. 36,020
StatusPublished
Cited by34 cases

This text of 145 P.2d 103 (Johnson v. Briggs) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Briggs, 145 P.2d 103, 157 Kan. 727, 1944 Kan. LEXIS 2 (kan 1944).

Opinions

The opinion of the court was delivered by

Parker, J.:

This is an appeal from the judgment of the district court of Shawnee county admitting to probate a certain instrument purporting to be the last will and testament of Grace G. Kemper, deceased, and reversing the probate court of that county in the latter’s refusal to admit such instrument to probate.

On July 29, 1942, Grace G. Kemper, a widow, died a resident of Shawnee county, Kansas. Within a short time thereafter a petition for the probate of a will executed by her on June 1, 1942, was filed in the probate court of the county in which she had died a resident. It is conceded by all parties such will was properly executed by the testatrix on the date alleged and that she had sufficient mental capacity and was not under duress at the time of the execution thereof. When the will was offered for probate certain markings, presently referred to in detail, appeared thereon. It is also conceded those marks were made by Mrs. Kemper.

[729]*729The will in question was prepared for Mrs. Kemper by George Wark, an attorney of Caney, and consisted of four pages. Omitting formal portions thereof it contained thirteen paragraphs, eleven of which had at no time been marked or changed in any manner by the testatrix.

Referring now to the unchanged portions of the will and their contents, paragraphs I, II and III provided for the revocation of all former wills and directed the place of burial of testatrix and payment of her debts and funeral expenses. Paragraphs IV, V, VI, VII and VIII were dispositive in character and by their terms bequeathed small amounts of money, amounting in all to the total sum of $77, to divers relatives and friends of the decedent and to certain fraternal organizations.

The markings heretofore referred to were made by testatrix with both pencil and pen and affected paragraphs IX and X of the original instrument, also the signatures of the attesting witnesses thereto. Inasmuch as such markings gave rise to this lawsuit and they are not in such form as to make them susceptible of accurate verbal description we have caused the marked portions of the original will to be reproduced and incorporated in this opinion.

Paragraphs IX and X with the signatures of the attesting witnesses, together with all markings thereon, as they appeared when the original will was offered for probate follow:

[730]*730IX.
After the full payment of all the above and foregoing bequests I hereby give, grant, devise and bequeath to the following nieces and nephews of my late husband, V/. H. Kemper, the following sums, to-wit:

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Bluebook (online)
145 P.2d 103, 157 Kan. 727, 1944 Kan. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-briggs-kan-1944.