Phillips v. Carson

The opinion of the court was delivered by

Dawson, C. J.:

The district court of Cowley county dismissed an appeal from an order of the probate court admitting a will to probate. A connected case was before this court in Pennington v. Green, 152 Kan. 739, 107 P. 2d 760.

The will was that of the late Amanda C. Pennington, of Cowley county, who died on April 23, 1939. On May 3, 1939, her will, executed March 19, 1937, with a codicil thereto dated April 16, 1938, was admitted to probate.

On February 1, 1940, an attempt was made to appeal from the order of May 3, 1939, admitting the will to probate — 8…