In Re Estate of Weber

The opinion of the court was delivered by

Wertz, J.:

This was a proceeding to admit a document to probate as the last will and testament of Henry H. Weber. The facts are undisputed and are substantially as follows:

Henry H. Weber, the decedent, died November 21, 1960. At the time of his death he was seventy-three years of age, lawfully married to Rosa Weber, who had been adjudicated an incompetent person, and who, on the above-mentioned date, was, and had been for several years prior thereto, hospitalized at Topeka State Hospital.

Shortly after 12:00 p. m. on November 16, 1960, Henry Weber went…