Swisher v. McMain

The opinion of the court was delivered by

DawsoN, C. J.:

This is an appeal from a judgment of the district court which sustained an order of the probate court admitting a will to probate over the objections of the heir at law.

The pertinent facts were these: The late Mrs. Olive B. Swisher, of Wichita, a widow whose sole heir was her only brother, William S. McMain, of North Kansas City, Mo., employed the law firm of Dempster 0. Potts and Dallas M. Potts, father and son, to draw her will, which is the subject of this lawsuit. Its principal terms read:.“I, Olive B. Swisher, of Wichita, Sedgwick…