In Re Estate of Perkins

The opinion of the court was delivered by

Prager, J.:

This is a will contest. The district court after an extensive evidentiary hearing admitted to probate the last will and testament of Maude M. Perkins. The appellant, a nephew of the testatrix, attacks the will on two grounds:(1) The will was not executed in compliance with the requirements of K. S. A. 59-606.(2) The testatrix lacked the mental capacity to execute a will at the time the will was executed.

There is no claim made of fraud or undue influence or that the document was not in fact signed by the testatrix and by the two subscribing…