In Re Wilkie's Estate

I do not concur in holding that a service of notice by mail is "personal" service. The attempted "personal" service on the attorney by mailing him a copy of the notice of appeal was not accepted, but on the contrary was promptly refused and the party seeking to appeal was advised to make personal service pursuant to the court order. This was not done and the motion to dismiss the appeal should have been granted.

The statute (Act No. 288, chap. 1, § 40, Pub. Acts 1939 [Comp. Laws Supp. 1940, § 16289-1 (40), Stat. Ann. 1943 Rev. § 27.3178 (40)]) governing appeals from probate court to the…