In Re Porter's Estate

I am unable to concur in the foregoing opinion.

The opinion states "Whether or not a decree of the probate court, or that of the district court exercising probate jurisdiction, by determining heirship, etc., as provided by Sec. 33-1212, N.M. Comp. 1941, may effect the devolution of title to real property is a question not decided."

It seems to me that this question must be decided if the disposition of the case is made to rest upon jurisdictional grounds as proposed in said opinion.

The statute cited is as follows: "Allowance or disallowance of final account — Determination of heirship and…