IN RE ESTATE OF BENGSTON

No. 40,741

182 Kan. 322 (1958)

320 P.2d 800

In the Matter of the Estate of Gustafva Bengston, Deceased. RHODA M. SWENSSON, et al., Appellants, v. E.L. JOHNSON, Executor, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 25, 1958.


Attorney(s) appearing for the Case

Evart Mills, of McPherson, argued the cause and appeared on the briefs for the appellants.

L.H. Ruppenthal, of McPherson, argued the cause and appeared on the briefs for appellee and cross-appellant E.L. Johnson, and James A. Cassler and Charles D. Johnson, both of McPherson, appeared on the briefs for appellees and cross-appellants Anna Work, et al.


The opinion of the court was delivered by

WERTZ, J.:

This appeal presents the basic question of whether the district court had jurisdiction of an appeal from the probate court by the executor of the estate of the deceased administrator of Gustafva Bengston's estate for approval of the administrator's final settlement and accounting, when concededly no appeal bond had been filed.

The facts, insofar as are pertinent...

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