Opinion
Filed 28 March, 1956.
Abatement and Revival 9 — Inquisition proceedings to have a person declared incompetent abate upon the death of such person.
APPEAL by petitioner from Huskins, J., November Term, 1955, YANCEY.
R. W. Wilson for petitioner appellant.
Fouts Watson for respondent appellee.
Inquisition proceedings instituted before the Clerk of the Superior Court of Yancey County.
The respondent is a former resident of Yancey County, but she has been living in a nursing home in Lancaster, Pa., since 1 July 1955. On 17 September 1955, petitioner filed a petition before the Clerk of the Superior Court of Yancey County to have the respondent, Rose Day LeFevre, declared incompetent for the want of understanding to manage her own affairs. There has been no personal service of process. The respondent, through counsel, moved to dismiss for want of jurisdiction. The clerk overruled the motion, and the court below reversed. Petitioner appealed.
Since the appeal was docketed in this Court, the death of the respondent has been suggested to this Court.
It having been suggested to the Court that the respondent has died since appeal herein was docketed in this Court, the action stands abated and the appeal must be dismissed. It is so ordered. Action abated.
Appeal dismissed.