In Re Estate of Freshour

The opinion of the court was delivered by

Price, J.:

The basic question in these consolidated appeals concerns the power and jurisdiction of the district court, under the facts presented, to permit an amendment to a concededly defective and insufficient notice of appeal from the probate court.

Stanton E. Freshour, a resident of Ellis County, died on April 23, 1953, leaving as his only heirs-at-law his son Lisle and his daughter Esther. He left a last will and testament dated February 6, 1952, which named George King as the executor thereof.

The will contained specific devises to Lisle, Esther,…