Rice v. Monroe

The opinion of the court was delivered by

Burch, J.:

The action was one to set aside a will. The plaintiff was defeated, and appeals.

*527The petition alleged that the will was hot executed as the law requires, because it was not attested and subscribed in the presence of the testatrix, by witnesses who saw her sign or heard her acknowledge it. The concluding portion of the will and the attestation read as follows:

“In Witness Whereof, I have hereunto set my hand, and hereby publish and declare this instrument as my last will and testament, at St. Marys, Kansas, on this 16th day of September, 1914.

“Lu…