In Re Swank's Estate

On appeal from an order allowing or rejecting a claim against a decedent’s estate the supreme court does not try the case de novo as in equity proceedings. The hearing upon such a claim is in the nature of an action at law: In re Stout’s Estate, 151 Or. 411, 417, 50 P. (2d) 768, 101 A. L. R. 672, and Oregon cases there cited. And, hence, when the ease is brought here and the correctness of the trial court’s decision is questioned, our sole function is to determine whether or not there is any competent, substantial evidence in the record supporting the findings of the court below. See Franklin…