Cone v. Barganier

Appellant urges here that the probate court acted upon the application for probate of the will of Mr. Barganier without all interested parties being brought before that court. This suggestion is untenable on appeal, without the question was reserved in the lower court and presented for review in the manner recognized by the courts. If appellant desired to duly present the question of parties, he should have moved the probate court to set aside the probate, or there become a party and sued out an appeal.

The probate of a will is in nature a proceeding in rem, and by appropriate procedure and…