Smith v. Smith

Citations

• 107 Kan. 628
• 193 P. 314
• 1920 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Claims Against Estate — Heir’s Right to Appeal from Allowance. The widow of a person who died intestate may appeal from an order of the probate court allowing the claim of a creditor against the estate of the deceased.</p> <p>2. Same — Defective Affidavit for Appeal from Allowance — Appeal Improperly Dismissed. An affidavit for an appeal from two orders of a probate court allowing separate claims against an estate of a deceased person, recited that the “appeal is not taken for the purpose of delay,” but did not recite that it was “not taken for the purpose of vexation.” One appeal bond was given which was approved by the probate court for an appeal from two orders which were made on the same day. Held, that the district court obtained jurisdiction of both claims, and that the appeal was improperly dismissed as to one of them.</p>