Gallon v. Haas
Supreme Court of Kansas
Error from Doniphan district court; William I. Stuart, judge. STATEMENT. Fredericka Gallon was cited to appear in the probate court and show cause for withholding from probate the last will and testament of her husband, Henry Gallon. After a hearing at which witnesses were called and testified, the court found that Henry Gallon died in Doniphan county in 1897, leaving a will which, since his death, had been destroyed by his wife, Fredericka.
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Error from Doniphan district court; William I. Stuart, judge. STATEMENT. Fredericka Gallon was cited to appear in the probate court and show cause for withholding from probate the last will and testament of her husband, Henry Gallon. After a hearing at which witnesses were called and testified, the court found that Henry Gallon died in Doniphan county in 1897, leaving a will which, since his death, had been destroyed by his wife, Fredericka. It was then ordered that, the execution of the will having been established, and the contents shown by the subscribing witnesses in their testimony,…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The first error assigned is that the court should have allowed the plaintiff in error a jury trial, which she demanded. There was no error in this refusal. (Rich v. Bowker, 25 Kan. 7 ; Hudson v. Hughan, 56 id. 152, 42 Pac. 701.)
The contention that the title to real estate was involved in the proceeding is without merit. See Park v. Busenbark, 59 Kan. 65, 51 Pac. 907 ; Tipton v. McCalla, 59 id. 719, 54 Pac. 1054; McClain v. Jones, 60 id. 639, 57 Pac. 500.
It appeared that the wife of the testator at first *227signed the will under his name. • Her…
2Cases cited6 opinions
- Rich v. BowkerSupreme Court of Kansas · 1881
- Sill v. SillSupreme Court of Kansas · 1884
- Noecker v. NoeckerSupreme Court of Kansas · 1903
- McClain v. JonesSupreme Court of Kansas · 1899
- Park v. BusenbarkSupreme Court of Kansas · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bilby v. StewartSupreme Court of Oklahoma · 1915
- Crump v. CrumpSupreme Court of Kansas · 1946
- Cartwright v. HolcombSupreme Court of Oklahoma · 1908
- Weisner v. WeisnerSupreme Court of Kansas · 1913