The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-10-23

- " tAPC records.
orders, DEGREES and judgments
OF the district court. r. 6 81.
p. 1872. The appellant thereforo,
contends that the order admit
ting said will to prObatet i'm
ports absolute verify. and that
it is conclusive upon the ones.
ton that all persons entitled
thereto were given the notice
required by law.
Tie purpose of the pubIica.
ton of notice of the time and
place of hearing the nefition
for the admission of will -
probate, like that of the NH.
lIcatiOn of service of a sum
mons, is to confer Jurisdiction
by bringing the parties into
court. The summons or process
for bringing parties into court
forms a part of the Judgment
roll. 1t is an essential part of
the proceedings leading IN TO
the Judgment. Now the recitals
in judgment do not import
absolute verify if they contra
dict and stultify the record
and proceedings upon which
the Judgment stands, and nv
which it was obtained. IF the
Judgment gecited that the de-
PENDANTS were duly served
with summons. and made de-
fault, and the iud gment roll
and record showed affirma-
lively that the summons was
not served at All. then the re-
cltals in the JUDGMENT would
not imDOrt absolute verify.
They would not imnOrt veritv
WHOM tho record of nroceed-
ines before the court. and nv
which the iudgment was Oh
tanned. show chat such reci4aIs
ore untrue IF the record. IF
the PROCEEDINGS hv which the
l''d"~er't was obtained was
eiIn'1t +1o,, evorvFAin~ VEGAS
sarv to the validity of the
+-'d or, ont "nI its voritv would
hn cnnClusive1v nrpsuv,'eH. h--t
n" sI1"'N nresTIrn ntinrs arise
yrh"-' The record cr tho nro-
~"odir"4 shove affiru, o+ivoIv
Fh"% tI-n ..noita1s contained IN
40 '--r'~--o->4 ~,.o n,,4r-a
''That is not a collateral
attack upon the judgment or
order admitting the will in
question to probate. It is a
direct proceeding to have that
order or judgment set aside
and held for naught. The chill
dren and heirs at law declare
that the written document adj
mitted to probate as the will
of their father was not his
WILL, and they further declare
what is admitted to be true.
that they were not lawfully
notified of the time and place
when the petition for adnis-
sion of the same to probate
would be for hearing. They
are not in default, for they
never had notice.
cit is cOntended that, be-
cause the probate court has
jurisdiction to open and re-
ceive proof of last wills and
testaments and to admit them
to probate, and that as the
probate court had admitted
the will in question to probate.
therefore that is the end of
all inquiry on the subject.
But the law points out the
process by which probate
courts become clothed with
jurisdiction for that purpose
and until the law is complied
with, the jurisdiction does not
attach and become operative.
owe do not understand by
what process of reasoning. or
nv what sense of morality or
Justice. these children can he
cut off from their legal right
to contest the admission of
this will to probate: and With
out giving them their dav in
court. or an opportunity to be
heard 70 hand the Drorertv
OF their father over to a
STRANGER
CharlebOis Y. Bourbon, s
Mont. 275 TO 27s
See aIsO:-HOrtOn vs.. Bar