Nett Ex Rel. Nett v. Wetta

The opinion of the court was delivered by

Harvey, C. J.:

This appeal questions the correctness of an order of the district court sustaining a demurrer against each of two petitions filed in the probate court as claims against the estate of Jerome P. Kerschen, and at the request of the petitioners certified to the district court for trial.

The abstract discloses that on September 15, 1951, Leo R. Wetta was duly appointed administrator of the estate of Jerome P. Kerschen; that he duly qualified as such and published a notice of his appointment on September 22, 1951.

It further shows that on June…