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IN RE ESTATE OF FRESHOUR

Nos. 39,606 and 39,655

177 Kan. 492 (1955)

280 P.2d 642

In the Matter of the Estate of Stanton E. Freshour, Deceased. LISLE C. FRESHOUR and ESTHER GATEWOOD, Appellants, v. GEORGE KING, Executor of the Estate of Stanton E. Freshour, Deceased; BISHOP FRANK A. THILL, Bishop of the Salina Diocese; the TRUSTEES OF THE FIRST METHODIST CHURCH OF HAYS, KANSAS, a corporation and REVEREND FATHER ALFRED, Pastor of St. Joseph's Parish, Hays, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1955.

Attorney(s) appearing for the Case

Marvin E. Thompson, of Russell, argued the cause, and George W. Holland, Oscar Ostrum and J. Eugene Balloun, all of Russell, were with him on the briefs for the appellants.

F.F. Wasinger, of Hays, argued the cause, and Simon P. Roth, Jr., Henry F. Herrman and Norman W. Jeter, all of Hays, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

The basic question in these consolidated appeals concerns the power and jurisdiction of the district court, under the facts presented, to permit an amendment to a concededly defective and insufficient notice of appeal from the probate court.

Stanton E. Freshour, a resident of Ellis County, died on April 23, 1953, leaving as his only heirs-at-law his son Lisle and his daughter Esther. He left a last...

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