Fraud must be proved by clear and convincing evidence. Daubert v. Mosley, 487 P.2d 353 (Okla. 1971); Steiger v. Commerce Acceptance of Oklahoma City, Inc., 455 P.2d 81 (Okla. 1969). Plaintiff's evidence wholly fails to establish that Defendant has been guilty of fraud against him.
Under the ground argued (contract for necessities), the estate is not obligated to pay the attorney's fees attributable to the accounting for which the incompetent attempted to contract. Note, however, the term "necessaries" is held not to be capable of rigid, inflexible definition, and depends at times upon the circumstances as evolved from the facts of each case. Daubert v. Mosley, 487 P.2d 353 (Okla. 1971). That portion of the work done by appellant in defense of the person and liberty of the ward as a necessary is payable from the estate of the ward.
Their automobiles are necessities for daily transportation. See So. Burlington Cty. N.A.A.C.P. v. Mt. Laurel Tp., 67 N.J. 151, 172-173 (1975); Streeter v. Brogan, 113 N.J. Super. 486, 492 (Ch.Div. 1971); Bancredit, Inc. v. Bethea, 65 N.J. Super. 538, 549 (App.Div. 1961); Daubert v. Mosley, 487 P.2d 353, 356-357, 56 A.L.R.3d 1328, 1333-1334 (Okla.Sup.Ct. 1971); Ehrsam v. Borgen, 185 Kan. 776, 347 P.2d 260, 263-264 (Sup.Ct. 1959), categorizing the automobile as a necessity to a substantial proportion of the United States population. Ownership of an automobile bears with it financial responsibilities, including that of maintaining liability insurance coverage.