In Re Estate of Rothrock

The opinion of the court was delivered by

Thiele, J:

A proceeding was commenced in the probate court by the filing of a petition to vacate and set aside an allegedly void order of final settlement assigning property belonging to a decedent’s estate. From an adverse judgment the petitioner appealed to the district court, which denied the relief sought and petitioner has appealed to this court.

The following facts are admitted either by the pleadings or by express stipulation of the parties.

Edwin A. Rothrock, who was the husband of Lutie M. Rothrock and the father of Ray R. Rothrock, made a last…