Shirk v. Shirk

The opinion of the court was delivered by

Price, J.:

This appeal is another chapter of the litigation following the death of Gertrude McCourt Shirk of McPherson county. (See Shirk v. Shirk, 186 Kan. 32, 348 P. 2d 840; In re Estate of Shirk, 186 Kan. 311, 350 P. 2d 1; In re Estate of Shirk, 188 Kan. 513, 363 P. 2d 461.)

The plaintiff has appealed from various orders of the trial court, but the principal and controlling question is whether, under the *15facts and circumstances, the court abused its discretion in dismissing the action under the authority of G. S. 1949, 60-3105.

In Shirk v. Shirk,…