Estate of Rosey v. Kirkpatrick

The opinion of the court was delivered by

Jackson, J.:

The proceeding from which this appeal was taken arose in the probate court and was appealed to the district court after decision adverse to the present appellants. We only note that the district court likewise ruled adversely and appellants filed their appeal in this court on December 7, 1959. Appellant’s abstract was not filed within time under rule 8 of this court. A motion to dismiss was filed but overruled and appellants allowed further time to file the abstract. An abstract was filed on April 29, 1960; the appeal set for hearing on…