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IN RE ESTATE OF ALLGIRE

No. 40,984

183 Kan. 527 (1958)

331 P.2d 296

In the Matter of the Estate of Bess Allgire, Deceased. EMMETT ALLGIRE, Appellant, v. SAM GIBBS, Individually and as Executor of the Last Will and Testament of Bess Allgire, deceased; GLENN I. GIBBS and JAMES GIBBS, Appellees.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

John Berglund, of Clay Center, argued the cause and was on the briefs for the appellant.

Frank D. Oberg, of Clay Center, argued the cause and was on the brief for appellee Sam Gibbs, and W.M. Beall, of Clay Center, was with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the district court dismissing an appeal from the probate court. Under the facts as presented the basic question for our determination concerns the power and jurisdiction of the district court to permit an amendment to a concededly defective and insufficient notice of appeal from the probate court to the district court.

The facts pertinent to the question involved...

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