In re Estate of Weber
Kansas Supreme Court
192 Kan. 258, 387 P.2d 165 (1963)
- Written by Rose VanHofwegen, JD
Facts
When 73-year-old Henry Weber fell ill, he asked his neighbor for help getting to the hospital and preparing a will. The two men went to the bank, and Weber waited in his car while his neighbor got the bank president, Harold Holmes. Holmes took notes as Weber explained he wanted to split his estate between his wife and niece. Holmes went back inside and filled out a will form, except he forgot to mention Weber’s wife. Employees who knew Weber stood at a window while Holmes took the will outside on a clipboard. Weber looked the will over and signed it; Holmes then ran the will back inside. Weber could see the employees but not the will itself as they signed it. No communication occurred between Weber and the employees other than waving back and forth. Weber never went inside the bank, and the employees stayed inside. Weber died five days later, and his executor submitted the will to probate court. The court found his will duly executed and admitted the will to probate. The guardian of Weber’s wife appealed, challenging the will as improperly executed.
Rule of Law
Issue
Holding and Reasoning (Wertz, J.)
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