In Re Estate of Manweiler

The opinion of the court was delivered by

Pabkeb, C. J.:

This is an appeal from an order of the district court striking from the files an amended petition for the allowance of a demand against the estate of a deceased testator.

Jacob Manweiler died June 23, 1956, leaving a last will and testament which was admitted to probate on October 23, 1956. August Manweiler, one of several children by, the testator’s first marriage, was named and appointed executor under the terms of the will. Notice of such appointment and notice to creditors was first published on November 8, 1956.

On October 23, 1956,…