Osborn v. Cassity

In my opinion the judgment of the trial court should be affirmed. That the probate court had jurisdiction to determine whether the widow was bound by her “release” is too clear to need comment. In its opinion this court says that question may not be inquired into when the proceeding is first commenced— it does not indicate when the probate court does have jurisdiction to hear the matter. In In re Estate of Hoover, 156 Kan. 31, 131 P. 2d 917, a proceeding similar to that under consideration was before the probate court. The essential difference was that the notice of hearing contained no…