Estate of Bartels

Citations

• 1 Myrick 130

Syllabus

<p>Notice on Pbobate of Will.—Not waived by minors by au appearance in Court on the day of hearing. The ten days’ notice of hearing must be given in the manner prescribed by statute, namely, by mailing or by personal delivery to the minors of copies of the notice. The Court otherwise does not acquire jurisdiction.</p> <p>Continuance fob the puepose of errare such notice cannot help the defect. The notice, served or mailed, must be for the day specified in the published notice. AU proceedings should therefore be vacated after the petition and a new order of publication given, accompanied by proper service of notice upon the minors.</p> <p>Construing sections, C. C. P., 1303-4-6.</p>