Renter v. Bauer
Supreme Court of Kansas
Error from. Leavenworth County. The plaintiff in error filed her petition in the Probate Oourt of Leavenworth county on Dec. 2d, 1865, asking a revocation of letters testamentary issued under her deceased husband’s will to defendant in error, which petition was by the Probate Oourt found true, and on the 9th day of Dec. 1865, the prayer granted.
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Error from. Leavenworth County. The plaintiff in error filed her petition in the Probate Oourt of Leavenworth county on Dec. 2d, 1865, asking a revocation of letters testamentary issued under her deceased husband’s will to defendant in error, which petition was by the Probate Oourt found true, and on the 9th day of Dec. 1865, the prayer granted. The defendant in error appealed from that decision to the District Oourt of that county, following therein sections 232 to 235 Comp. L., 516. On the 9th day of June 1866, the plaintiff in error moved the District Oourt to strike the case from the…
1Opinion of the Court
By the Cowrt,
Crozieb, C. J.
The appeal in this cause was sought to be taken under sections 232 et seq. of the act concerning executors and ad*505ministrators, approved Feb. 3d, 1859. (Comp. L., p. 546.) It therefore becomes necessary to determine whether those provisions are still in force. In 1860 the legislature passed an act upon the subject of appeals from the Probate Court, which was intended to and did cover the whole subject, and the 22d section of which repealed expressly all laws in conflict therewith. There being some difference in the mode of appeal provided by the two statutes, the…
2Cited by3 opinions
- Wallace v. BradshawSupreme Court of New Jersey · 1891
- Barrett v. JohnsonSupreme Court of Kansas · 1868
- Wallace v. BradshawSupreme Court of New Jersey · 1891