In Re Will of Baity

HEDRICK, Judge.

Caveators assign error to the court’s decision to set aside the judgment incorporating the Family Settlement Agreement. They contend that the court’s order was unsupported by appropriate findings and conclusions.

Although the propounders’ motion for relief from the judgment was made pursuant to Rule 60(b)(1), (2), and (6), North Carolina Rules of Civil Procedure, the order of the trial judge does not specify the rule pursuant to which he purported to act. Because the judge found there was “newly discovered evidence” and ordered a new trial, we assume he acted pursuant to Rule…