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IN RE ESTATE OF TORRENCE

No. 45,510

204 Kan. 443 (1970)

464 P.2d 193

In re Estates of Joseph C. Torrence, Deceased, and Bertha P. Torrence, Deceased; JOSEPH L. TORRENCE, Appellant, v. MATTHIAS G. TORRENCE, Executor, etc., Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Keith A. Greiner, of Emporia, argued the cause, and Everett E. Steerman and Elvin D. Perkins, both of Emporia, were with him on the brief for the appellant.

William J. Dick, of Emporia, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

The issue here is whether a district court has discretionary power to allow an appeal bond to be filed out of time in an attempted appeal from probate court.

The parties to this litigation, Joseph L. Torrence and Matthias G. Torrence, are brothers. Their parents were Joseph C. and Bertha P. Torrence, who had joint and contractual wills and whose estates...

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