In re Estate of Suesz

The opinion of the court was delivered by This is an action opposing the admission of a will to probate
on the grounds of incompetency of the testator. Floyd B. Suesz died on December 25, 1978, in Wichita. On
January 8, 1979, Hazel W. Noftzger, named executrix, filed a
petition for the admission to probate of Suesz' will, dated
January 31, 1974, and requested that she be issued letters
testamentary. Hazel Noftzger is no relation to Floyd Suesz.
Notice of hearing was given pursuant to K.S.A. 1979 Supp. 59-2209
and the appellant, C.R. Stickney, testator's nephew, responded by
filing a written defense opposing the admission of the will to
probate on the grounds the testator was not competent to execute
a will on January 31, 1974. Stickney's demand for a jury trial
was denied by the trial court on February 13, 1979. The hearing
on the
[228 Kan. 276]