In Re Estate of Shirk

In my judgment the appeal should not be dismissed. G. S. 1949, 60-717 and 60-718 expressly provide that the appellant could demur to each of the separate defenses alleged by the executor, and reply to the residue of the answer. Under the statute (G. S. 1949, 60-3302, second) and our decisions (Sanik v. Shryock Realty Co., 156 Kan. 641, 645, 135 P. 2d 545, and Bartholomew v. Guthrie, 71 Kan. 705, 81 P. 2d 491) a ruling on a demurrer, whether sustained or overruled, is appealable, and where, as here, it timely reaches this court through proper channels, is entitled to consideration on the…