The cited case further holds that the admission of the will to probate is a judicial determination of its character and validity, and is in fact a judgment in rem. The case of Grayson v. Chisso, 47 Okla. 713, 150 P. 697, is cited, and the syllabus of that case is as follows: "1. Wills — Probate — Parties — Dismissal — Revivor.
The failure to make the administrator a party to this appeal is fatal to the jurisdiction of this court. In his absence the merits of the cause cannot be passed upon. Jones v. Midland Savings Loan Co. et al., 43 Okla. 601, 143 P. 667; Grayson v. Chisso et al., 47 Okla. 713, 150 P. 697. The appeal should therefore be dismissed.