In re Estate of Michaux

The opinion of the court was delivered by These cases originated in the probate court of Barton county. Case No. 38,310 was commenced by L.C. Michaux as the wife and next friend of Fred Michaux, an alleged incompetent person, by the filing of a petition, pursuant to the provisions of G.S. 1935, 60-3007, now G.S. 1949, 60-3007, to vacate and set aside a portion of the order of final settlement and distribution made by the probate court in administration proceedings pending in the estate of A.J. Michaux, deceased. Case No. 38,309 was instituted in like manner by the filing of a claim against the estate of Lillie Michaux, deceased. Judgment was rendered against the petitioner in both cases. On appeal to the district court the two cases were consolidated and tried together. At the conclusion of that trial the district court found the evidence on behalf of the petitioner failed to establish the incompetency of Fred Michaux on the date of the order of final settlement and distribution in the A.J. Michaux estate and rendered judgment (in Case No. 38,310) denying the petition to vacate that order, also judgment (in Case No. 38,309) denying the claim against the estate of Lillie Michaux. Following the rendition of these judgments the claimant and/or petitioner perfected two appeals which were given numbers in this court as heretofore indicated and later consolidated. The facts of this case, as will be presently disclosed, are relatively unimportant. However, those necessary to a proper understanding of the factual situation will be briefly summarized.