In Re Estate of Torrence

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 are under administration in the probate court of Lyon county, Kansas.

Joseph, as a devisee and legatee, petitioned the probate court to remove Matthias as executor of the two estates, and for…