Roberts v. Setty

The opinion of the court was delivered by

Hoch, J.:

This appeal is from an order of the district court overruling a demurrer to a claim filed against an estate being administered in the probate court and granting leave to amend. The probate court had sustained a demurrer to the claim on the ground that the petition, or demand, did not comply with the requirements of G. S. 1939 Supp. 59-2202, and the claimant had appealed to the district court.

Upon appeal from the probate court the district court is clothed with broad general powers under the present probate code to allow or require pleadings to…