In Re Estate of Schrack

This is an appeal in an estate proceeding. The appellant petitioned the county court of Scotts Bluff County, Nebraska, to admit the will of Mary Schrack, deceased, to probate. Objections were filed, a hearing was held, and the will was refused probate.

The proponent appealed to the district court but failed to file a petition in that court within 50 days. Upon the motion of the contestant, the, appeal was dismissed. The proponent has now appealed to this court.

The proponent contends that new pleadings are not required in the district court in appeals in probate proceedings; that the contestant…