Adams v. Casey

*161The opinion of the court was delivered by

Harvey, J.:

The appeal here is from an order of the district court which dismissed an appeal from the probate court.

The pertinent facts may be stated as follows: On August 7, 1942, Alva S. Adams, the executor named in the will of Lucy E. Dudley, deceased, filed in the probate court a petition to have it admitted to probate. On August 24 Robert Dudley Casey, a grandson of the testatrix, filed written defenses to the probate of the will. The petition to admit the will to probate and the defenses thereto came on for hearing in the probate court on…