In Re the Estate of Suesz

The opinion of the court was delivered by

Herd, J.:

This is an action opposing the admission of a will to probate on the grounds of incompetency of the testator.

Floyd B. Suesz died on December 25, 1978, in Wichita. On January 8, 1979, Hazel W. Noftzger, named executrix, filed a petition for the admission to probate of Suesz’ will, dated January 31, 1974, and requested that she be issued letters testamentary. Hazel Noftzger is no relation to Floyd Suesz. Notice of hearing was given pursuant to K.S.A. 1979 Supp. 59-2209 and the appellant, C. R. Stickney, testator’s nephew, responded by filing a…