Estate of Murdock v. First National Bank

The opinion of the court was delivered by

Foth, C.:

These two consolidated appeals concern an executors right to petition the probate court for instructions as to its duties, and its right to rely on those instructions when given. The underlying question is whether an executor who is authorized by the probate court to bring suit on a claim alleged to be due the estate can later be denied an allowance for the reasonable expenses of conducting such litigation.

In No. 48,058, the appellee, The First National Rank in Wichita, sought instructions from the probate court as to what posture it should…