Per curiam,
King-man, C. J.
Tbis was an appeal from tbe probate court to tbe district court, in October,‘1865. A motion to dismiss was made and overruled. Tbe motion should bave been sustained, for reasons fully stated in tbe case of Renter «. Bauer, 3 Kas.,’504. Tbe order of tbe court overruling the motion to dismiss is reversed, and tbe cause sent back, with instructions to dismiss tbe appeal. All -tbe justices concurring.