111 Kan. 780 | Kan. | 1922
The opinion of the court was delivered by
The probate court made an order for the division of the personal estate of a testator in a somewhat different proportion from that indicated in the will, the matter being. affected by sums given to beneficiaries after its execution. A few weeks later the court ordered the executor to distribute the amount then in his hands on final settlement in accordance with the prior order. The executor took an appeal from the second order to the district court, where the same result was reached, from which he again appeals.
The executor undertakes to excuse his failure to appeal from the first order on the ground that he did not have notice or knowledge of it in time to do so, and urges that for that reason it was void. If the contention otherwise had merit it would be enough to say that the journal of the probate court recites that he.was present and took part in the hearing upon which it was made. None of the
The judgment is affirmed and the mandate will be issued at once.