Colyer v. Colyer

The opinion of the court was delivered by

Thiele, J.:

The only question presented by this appeal is whether an application for probate of a will was made in time under the probate code.

So far as is necessary to note, the facts are as follows: In November, 1929, James Orr Colyer, then a resident of Leavenworth county, Kansas, made and duly executed his last will and testament, the sole beneficiary being his brother, Thaddeus Davis Colyer. The will was left with testator’s cousin, James C. Davis, an undertaker of Leavenworth, Kan. Thaddeus Davis Colyer had been told by his brother and by Davis of…