Swensson v. Johnson

*323The opinion of the court was delivered by

Wertz, J.:

This appeal presents the basic question of whether the district court had jurisdiction of an appeal from the probate court by the executor of the estate of the deceased administrator of Gustafva Bengston’s estate for approval of the administrator’s final settlement and accounting, when concededly no appeal bond had been filed.

The facts, insofar as are pertinent to the determinative issue involved herein, are as follows:

Gustafva Bengston died intestate on May 31, 1939. Her son Martin J. Bengston was appointed and qualified as administrator of…