In Anderson v. Miller, 1958 OK 67, 324 P.2d 856, 859 (Okla. 1958), the Oklahoma Supreme Court held that: "When a statute speaks of a party it refers to a party to the record, a plaintiff or a defendant, and generally those who are not named as such in the record are not properly regarded as parties and may not avail themselves of rights given to parties." 324 P.2d at 860. The Court noted that the use of the term "a party to the . . . proceeding" as used in what is now 58 O.S.2001 723 (a statute authorizing motions to vacate certain probate orders) refers to interested parties who actually appear and take an active part in the contested proceedings. The court held that the heirs' failure to take an active part in the proceeding placed them in the category of "persons interested . . . who were not parties to the . . . proceeding." Id.