Kerr v. Kerr

The action in the district court was one to set aside the will of Sarah W. Kerr on the ground of undue influence exerted by her sons, Corydon and Lester Kerr. At the first trial a demurrer was sustained to the plaintiff’s evidence. In the case of Ginter v. Ginter, 79 Kan. 721, it was held that in such a contest the plaintiff is not limited to the bare facts which he may be able to adduce, but he is entitled to the further benefit of all inferences which may legitimately be drawn from established facts. Since it is not the province of the court on a demurrer to the evidence to weigh fact…