Dirks v. Goertz

*40The opinion of the court was delivered by

Fatzer, J.:

This appeal is from an order of the district court dismissing the appellants’ appeal from an order of the probate court denying probate of the last will and testament of Frank D. Unruh, deceased. The appellants, devisees under the last will and testament of the decedent, timely filed their notice of appeal in the probate court, and the sole question presented is whether the notice of appeal and the service of that notice complied with the requisites of G. S. 1949, 59-2405 to confer jurisdiction upon the district court to hear the appeal.

The…