In Re the Estate of Barnes

The opinion of the court was delivered by

Harman, C.:

This is an appeal by certain heirs at law from an order admitting a will to probate. The issue is whether procedural shortcomings, particularly deficient fisting of heirs and service of notice of hearing, deprived the probate court and, upon appeal, the district court of jurisdiction to order such probate.

The parties have stipulated to the facts presented in the record on appeal.

Willis B. Barnes, a resident of Trego county, aged about seventy-seven years, died testate February 23, 1970. He left surviving him as his heirs at law two brothers,…