Dusing v. Schuessler

The opinion of the court was delivered by

Burch, J.:

The principal question presented in this appeal is whether the probate court lost jurisdiction for the purpose of va*94eating an order admitting a will to probate because the petition seeking to set aside and vacate such order was filed after the expiration of thirty days from the date of the order admitting such will to probate. The probate court and the district court, on appeal, held in substance, on the pleadings, that the order admitting the will to probate could not be vacated. The case involves construction of G. S. 1943 Supp. 59-2213,…