Bigler v. Bigler

Mi:. Justice Adams

delivered the opinion of the court.

Frank Bigler, defendant in error, the executor named in the last will and testament of Mary Bigler, deceased, presented her will for probato in the county court, and applied for letters testamentary. Charles H. Bigler, plaintiff in error, was one of the heirs and legatees of deceased who was cited to appear. He filed no caveat or objections to the probate of the will in the county court, as provided in § 5211, C. L. 1921, or at all. On the contrary he signed the following consent and waiver, endorsed on the citation: “I hereby waive service…