Source or prior law:

22-201.

Cross References to Related Sections:

Age of majority, see 38-101.

Provisions for conferring rights of majority on minors, see 38-108 through 38-110.

Law Review and Bar Journal References:

Formal requirements for making a will would be relaxed under proposed Uniform Probate Code, Camilla Klein Haviland, 19 K.L.R. 575, 578 (1971).

"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 25 (1995).

CASE ANNOTATIONS

1. Capacity and authority to make will includes capacity and authority to name executor. In re Estate of Grattan, 155 Kan. 839, 130 P.2d 580.

2. Showing necessary in probate court to maintain appeal discussed and determined. In re Estate of Pallister, 159 Kan. 7, 32, 152 P.2d 61. (But see, K.S.A. 59-2404.)

3. "Will" as used in statute defined; will may be contractual in character. In re Estate of Koellen, 162 Kan. 395, 176 P.2d 544.

4. Admitting will to probate is one proceeding and issuing letters testamentary another. Price v. Gibson, 165 Kan. 10, 18, 192 P.2d 219.

5. Guardian appointed for testator; test of mental capacity to make will; rule stated. In re Estate of Hall, 165 Kan. 465, 466, 470, 195 P.2d 612.

6. Test of mental capacity stated and applied; evidence; testimony at former trial. In re Estate of Cross, 166 Kan. 318, 201 P.2d 1052.

7. Mental capacity; insane delusions; burden and sufficiency of proof; will upheld. In re Estate of Walter, 167 Kan. 627, 208 P.2d 262.

8. Mentioned; evidence held to establish prima facie case of due execution of will. Amerine v. Amerine, Executor, 177 Kan. 481, 483, 280 P.2d 601.

9. Uncontradicted evidence showing testator competent to make will cannot be disregarded by trial court. In re Estate of Winn, 191 Kan. 269, 273, 380 P.2d 352.

10. Cited; K.S.A. 59-3004 inherently requires that will be probated before it is effective for appointment for guardianship purposes. In re Guardianship of Slemp, 11 Kan. App. 2d 156, 158, 159, 717 P.2d 519 (1986).

11. Will provision held ambiguous; returned to trial court to consider extrinsic evidence to determine intent of testator. In re Estate of Stump, 28 Kan. App. 2d 900, 22 P.3d 161 (2001).