Oregon Supreme Court April 17, 1923 (Re Neil Estate)

McBRIDE, C. J.

It is first claimed that this appeal should be dismissed for the reason that Garrette M. Julien, Marie Julien, Ida Martin, John Quirk, St. Joseph’s Catholic Church of Salem, Oregon, and Patrick Ryan, who appeared to contest the identity and right of Michael O’Neill, have not been served with notice of appeal, but we hold that these parties are not *161adverse parties within the