Grove v. Grove

The opinion of the court was delivered by

Smith, J.:

This was a proceeding to set aside a judgment of a probate court approving a final settlement of an administratrix. The probate court sustained a motion to strike the petition to set aside the judgment from the files. The petitioner appealed from that order to the district court. That court reversed the judgment and remanded the cause to the probate court for further proceedings. This appeal is from that order.

For the purpose of this appeal there is no dispute about the facts. *445On October 9, 1933, Sadie Grove, the widow and sole heir of Albert…