In Re Estate of Sims

The opinion of the court was delivered by

Hall, J.:

This is an appeal from orders overruling a motion to dismiss and a motion for judgment on the pleadings.

This action was originally instituted in the Probate Court of Cowley County, Kansas. An appeal was taken from the probate court to the district court; hence this appeal from- the above orders of the district court.

U. E. Sims and Sarah C. Sims, husband and wife, were residents of Cowley County, Kansas. On the 19th day of March, 1952, they executed separate wills and each attached to the others will a written consent and election to take under…