In Re Roberts' Estate

Respondent moves to dismiss the first appeal on the ground that Milton Louis Roberts was an adverse party and should have been served with the notice of appeal, notwithstanding the fact that he had not appeared and taken any part in the proceedings from which the judgment appealed from was entered. The petition filed by respondent to terminate the trusts was one in probate filed under the authority of section 10352, Revised Codes of 1921. Proceedings under this section, like all other proceedings in probate, are proceedings in rem and not inpersonam. (Security-First National Bank v. Superior…