Repealed

59-2405. History: L. 1939, ch. 180, § 273; Repealed, L. 1976, ch. 242, § 99; January 10, 1977. Source or prior law: 22-1103, 22-1104, 39-234. CASE ANNOTATIONS 1. District court without appellate jurisdiction of will contest where will not objected to in probate court. In re Estate of Grindrod, 158 Kan. 345, 363, 367, 148 P.2d 278 (But see, K.S.A. 59-2404 as amended). 2. No particular language required to effectuate appeal; appeal from order of final settlement not limited in scope. In re Estate of Charles, 158 Kan. 460, 148 P.2d 765. 3. Showing necessary in probate court to maintain appeal discussed and determined. In re Estate of Pallister, 159 Kan. 7, 19, 36, 152 P.2d 61 (But see, K.S.A. 59-2404 as amended). 4. Last sentence prevents trivial imperfections from defeating an appeal. In re Estate of Dudley, 159 Kan. 160, 163, 152 P.2d 678. 5. Cited; probate judge disqualified for probate hearing may fix appeal bond, when. Price v. Gibson, 165 Kan. 10, 21, 192 P.2d 219. 6. "Adverse parties" defined; appeal notice served on probate judge insufficient; appeal notice not amendable in supreme court. In re Estate of Demoret, 169 Kan. 171, 177, 179, 180, 181, 218 P.2d 225. 7. Notice of appeal complied with provisions of section as to form. In re Estate of Kruse, 170 Kan. 429, 431, 432, 433, 226 P.2d 835. 8. Probate court may punish for contempt; contempt order appealable, procedure. State v. Godsoe, 171 Kan. 230, 231, 230 P.2d 1012. 9. Discussed; revocation of cereal malt beverage license; appellate jurisdiction. Peterson v. Board of County Commissioners, 176 Kan. 75, 78, 269 P.2d 450. 10. Appeal by bonding company signing own bond; sufficiency of bond. In re Estate of Goddard, 176 Kan. 495, 498, 271 P.2d 759. 11. Phrase "any other act" defined; failure to serve notice of appeal on all adverse parties; amendment; jurisdiction. In re Estate of Freshour, 177 Kan. 492, 493, 496, 497, 498, 501, 280 P.2d 642. 12. Filing appeal bond held essential in perfecting of appeal. In re Estate of Bengston, 182 Kan. 322, 324, 325, 320 P.2d 800. 13. Appeal notice served on probate judge sufficient without notice to others. In re Estate of Waugh, 183 Kan. 120, 122, 325 P.2d 38. 14. Appeal notice; sufficiency of service; amendment properly denied; "any other act" defined. In re Estate of Allgire, 183 Kan. 527, 529, 530, 531, 532, 533, 331 P.2d 296. 15. Appeal notice served on any one of three named in statute sufficient; service of appeal notice on probate judge, effect of acknowledgment of service. In re Estate of Patterson, 185 Kan. 135, 340 P.2d 369. 16. Strict construction of section mentioned. National Reserve Life Ins. Co. v. Hand, 188 Kan. 521, 528, 363 P.2d 447. 17. Service upon probate judge pro tem including the words "and all other adverse parties if any" held sufficient to comply with this section. In re Estate of Unruh, 189 Kan. 39, 40, 41, 42, 43, 44, 367 P.2d 52. 18. Failure to set forth valid notice of appeal; appeal dismissed. In re Estate of Lang, 195 Kan. 352, 353, 355, 404 P.2d 640. 19. Nunc pro tunc order correcting clerical error in record did not change or modify judgment; appeal from order ineffective. In re Estate of Parker, 201 Kan. 1, 3, 4, 439 P.2d 138. 20. Service of notice sufficient if served on opposing counsel or probate judge. In re Estate of Shaffer, 203 Kan. 264, 271, 454 P.2d 1. 21. Timely filing of appeal bond necessary to vest district court with jurisdiction over appeal; phrase "any other act" construed. In re Estate of Torrence, 204 Kan. 443, 446, 464 P.2d 276. 22. Petition in will contest did not constitute an appeal. In re Estate of Corson, 226 Kan. 673, 675, 676, 602 P.2d 1320. 23. Cited; argument that entire probate proceeding is within the jurisdiction of district court was without merit. In re Estate of Kempkes, 4 Kan. App. 2d 154, 157, 603 P.2d 642. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026