Estate of McLaughlin

Citations

• 1 Coffey 80

Syllabus

<p>Probate of Will—Setting for Hearing, Evidence of.—When it is claimed that the clerk did not set a petition for probate for hearing, a notice in fact issued by him and fixing the day is the best evidence that the law has been complied with.</p> <p>Probate of Will—Setting for Hearing.—Any Omission in matters of form in fixing the date for hearing a petition to probate a will may be disregarded by the court or ordered supplied when the proper fact is made satisfactorily to appear.</p> <p>Probate of Will.—The Publication of the Notice fixing the day for hearing the probate of a will, when made in a weekly paper, must appear on at least three different days of publication, but not necessarily in three consecutive weekly issues.</p> <p>Probate of Will.—A Creditor cannot Petition for a Eevocation of the probate of a will.</p> <p>The Probate of a Will and the Appointment of an Executor are distinct emanations from the will of the court, usually, though not necessarily embodied in one order, but determined upon entirely different sets of facts.</p>