Thus, if the citation was not issued on that day then no contest could take place. Estate of Fiedler, 140 Mont. 22, 367 P.2d 560; Estate of Willner, 147 Mont. 538, 416 P.2d 24. The power to issue a nunc pro tunc order is inherent in the court.
A motion to dismiss appellants' petition was filed on October 8, 1965. The motion to dismiss was heard on October 27, 1965, and the order granting the motion and dismissing the petition was entered that day. The order granting the motion noted that In re Fiedler's Estate, 140 Mont. 22, 367 P.2d 560 (1962), "decides directly that the issuance of a citation is mandatory and is necessary to take it outside the Statute of Limitation." The relevant code sections, as far as this appeal is concerned, dealing with the contest of a will are R.C.M. 1947, ยงยง 91-1101 and 91-1102.
At least one jurisdiction has held that the failure to issue the citation within the statutory period is a fatal defect to the contest of the will. See In re Fiedler's Estate, 140 Mont. 22, 367 P.2d 560 (1962); In re Estate of Willner, 147 Mont. 538, 416 P.2d 24 (1966); State ex rel. Craig v. District Court, 153 Mont. 427, 458 P.2d 608 (1969). Appellees also rely on authority from Ohio to support their position.