In re the Estate of Kirkman

BROCK, Chief Judge.

The executor-appellant contends that the court was without jurisdiction when Judge Preston entered his initial order on 19 November 1976 finding that the notice of dissent had been properly filed. On that basis, he contends the 9 June 1977 order of Judge McKinnon finding that Minnie H. Kirkman was entitled to *518dissent from the will is void because it was based on the initial proceeding of 19 November 1976 in which the court lacked jurisdiction.

Appellant contends the court lacked jurisdiction in the first proceeding because there had been no pleadings and there was nothing at…