Dale Brown, Wilma Kugler and Alfred Brown v. Elmer Brown, Roy C. Brown, Violet Brown Crowder, Sharon K. Brown, Orris Brown and Elsie Goldberg, 230 Kan. 726

Summary

The Kansas Supreme Court reviewed a probate court’s refusal to admit Guy Brown’s will based on alleged lack of testamentary capacity and undue influence. The court held that substantial competent evidence did not support the finding that Brown lacked testamentary capacity when he executed the will, but sufficient evidence supported the finding that Wilma Kugler Wolf exerted undue influence. The court affirmed the probate court’s decision.

Holdings

1. The evidence did not constitute substantial competent evidence supporting the finding that Brown lacked testamentary capacity on February 17, 1976.
2. Substantial competent evidence supported the trial court's finding that Wilma Kugler Wolf exerted undue influence in the preparation of Brown's will.
3. The order denying admission of Brown's will to probate was affirmed because the undue-influence finding independently supported the result.

Questions Presented

1. Whether substantial competent evidence supported the finding that Guy Brown lacked testamentary capacity when he executed the will.
2. Whether substantial competent evidence supported the finding that Wilma Kugler Wolf exerted undue influence in the preparation of the will.
3. Whether the order denying admission of the will to probate should be affirmed.

Disposition

affirmed