S-23-0915 In re Estate of Sidney B. Harchelroad, deceased. Michelle Harchelroad, individually and as personal representative of the Estate of Brian L. Harchelroad, deceased (Appellee) v. Carol Harchelroad, as personal representative of the Estate of Sidney B. Harchelroad (Appellant)
Appeal from the County Court for Chase County, Judge Edward D. Steenburg
Attorneys: Robert B. Reynolds & Michael D. Samuelson (Reynolds, Korth & Samuelson, P.C., L.L.O. for Appellant) and Erin R. Robak (McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. for Appellee)
Probate: Claims for contribution
Proceedings Below: The county court granted in part, and in part denied, Brian Harchelroad’s petition for allowance of claim. As to claims initially filed by two banks, the court granted a petition for order to pay claims and ordered a special administrator to pay certain sums to Michelle Harchelroad, individually. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The trial court erred in finding that the claims originally filed by Waypoint Bank and Western States Bank were not extinguished when the claims were based upon promissory notes that had merged into judgments; 2) The trial court erred in finding that the claims originally filed by Waypoint Bank and Western States Bank were not extinguished when the claims were based upon promissory notes that had been paid in full after the claims were filed and a guaranty of a promissory note that had likewise been paid; 3) The petition for order to pay claims filed By Michelle Harchelroad, individually and as PR, should have been denied and it was error for the trial court to hold otherwise; and 4) Brian Harchelroad’s petition for allowance of claim should likewise have been denied in its entirety, and it was error for the trial court to hold otherwise.