In re Estate of Unruh

The opinion of the court was delivered by This appeal is from an order of the district court dismissing the appellants' appeal from an order of the probate court denying probate of the last will and testament of Frank D. Unruh, deceased. The appellants, devisees under the last will and testament of the decedent, timely filed their notice of appeal in the probate court, and the sole question presented is whether the notice of appeal and the service of that notice complied with the requisites of G.S. 1949, 59-2405 to confer jurisdiction upon the district court to hear the appeal. The notice of appeal was addressed to fifty-five named heirs at law of the decedent as adverse parties, to the attorneys of record of four of them (the appellees), and also to, ""the Hon. Robert B. Booz, Probate Judge of McPherson County, Kansas, for the above named adverse parties if any and to Dora Pack, Probate Judge Pro Tem for the above adverse parties, and all other adverse parties if any, and to John K. Bremyer, administrator of the estate of Frank D. Unruh, deceased.""