In Re Estate of Preston

The opinion of the court was delivered by

Robb, J.:

An action was commenced in the probate court of Marshall county for appointment of an administrator of decedent’s estate and an appeal was taken therefrom to the district court. This appeal is from an order of the district court sustaining respondent’s demurrer to the evidence of claimant and from its order overruling claimant’s motion for new trial.

Claimant, as plaintiff, in October, 1955, had filed a tort action in the district court of Geary county, Kansas, to recover for personal injuries received as the proximate result of an accident at…