Jennings v. Hilburn

WILLIAMS, Justice.

This is an appeal from an order of the trial court admitting a will to probate. Since the record demonstrates conclusively that the proponent of the will failed to timely secure proper notice of the proceedings, we hold that the trial court lacked *299jurisdiction to admit the will to probate. The judgment is therefore reversed and rendered.

Joe N. Hilburn executed the will in question on September 29, 1970. Mr. Hilburn died September 1,1974. On March 7, 1975, David Hilburn, appellee, filed an application to probate the 1970 will in the Fifteenth District Court of Grayson County,…