In Re Will of McKinstry

The only question argued is whether, under Section 11865, Code of 1924, the clerk has authority to prescribe less than ten days’ notice of hearing of application for probate of will. The section reads as follows:

‘ ‘ The clerk shall give notice of the time fixed, by publishing a notice, signed by himself and addressed to all whom it may concern, in a daily or weekly newspaper printed in the county where the will is filed, once each week, for three consecutive weeks, the last publication of which shall be at least ten days before the time fixed for such hearing. The court or the judge in…