In Re Del Monte's Estate

Plaintiff appeals from the dismissal of the case by the circuit court. Plaintiff filed his claim in the probate court and, deeming that the party defeated in probate court would appeal in any event, presented no testimony in the' probate court. The claimant’s claim was disallowed. Plaintiff’s wife, Clarice Enright, also filed a claim. The probate court disallowed the claim of Clarice Enright and that claim was also appealed to this Court. Her claim proceeded to a hearing in circuit court and Witnesses were sworn. It has been stipulated that merits of the claim of plaintiff John Enright are to…