In re Estate of Morgans

The opinion of the court was delivered by This is an appeal from Wabaunsee county relative to the proceeding in that county in the estate of Elizabeth Eileen Morgans, deceased. In the companion case of In re Estate of Morgans (41,992), ante, 188 Kan. 50, 360 P.2d 1069, this day decided, the court has considered the appeal from the proceedings in Sedgwick county in this estate. Furthermore, the court has there held that the primary and exclusive jurisdiction to determine the question of venue for the probate of the will of this testatrix was in the Probate Court of Sedgwick county under G.S. 1959 Supp., 59-620, such court being the depository of the will of testatrix. The above decision at least makes premature all the proceedings in Wabaunsee county. While the Probate Court of Wabaunsee county has now made a finding that the residence of the testatrix was in Wabaunsee county, and it would be easy and productive of some pecuniary saving to the parties for us to say that, inasmuch as the fact question of residence has been decided by the Wabaunsee county courts, the judgment should be affirmed. But such condonation of loose practice, particularly where it is in manifest violation of a controlling statute, results in waste rather than economy.