Grattan v. Bethel College

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a judgment and decision of the district court of McPherson county, Kansas, on a motion to determine a question of law in advance of trial.

The facts required for a proper determination of the legal question involved may be stated briefly: G. F. Grattan died a resident of McPherson, Kan., on August 30, 1941. He executed a written will on August 9, 1941, and he made a nuncupative will at 8 o’clock p. m. on August 27, 1941. No attempt was made by the testator to revoke the written will prior to his death unless it can be…