Coffey v. Shrope

The opinion of the court was delivered by

Parker, J.:

This is an appeal from an order sustaining a demurrer to a petition wherein all parties concede the sole question presented in the court below, and on appellate review, is whether jurisdiction to hear and determine the cause is in district court or probate court.

Maggie Birdzell died testate on July 24, 1952, a resident of Cowley County, and on June 24, 1953, Hazel Shrope, her daughter, was appointed by the probate court of such county as executrix under the will of such decedent. After her appointment as executrix Hazel filed an inventory…