Bayer v. Bayer

Citations

• 83 Wash. 430
• 145 P. 433

Syllabus

<p>Executors and Administrators — -Nonintervention Will — Distribution oe Estate — Judgment — Conclusiveness. Under Const., art. 6, § 4, giving tbe superior courts general jurisdiction, including all matters of probate, and Rem. & Bal. Code, § 1444, providing that estates under nonintervention wills “may be managed and settled without the intervention of tbe court” (subject to supervision by tbe court if tbe trust is not faithfully performed), without denying tbe right of tbe executor of such a will to go into court to have it construed, tbe superior court has jurisdiction to entertain an application by the executor for an order of distribution of tbe estate which was in effect a construction of tbe will and within its general jurisdiction, in view of a trustee’s right to maintain an action for directions, and tbe power of tbe court to direct and control trusts.</p> <p>Same — Jurisdiction oe Courts. An executor under a nonintervention will, under which it is not necessary to take out letters, is in fact a trustee and derives bis powers from tbe will and not from tbe court.</p> <p>Constitutional Law — Due Process — Notice oe Service — Appearance. A decree of general distribution invoked by the executor of a nonintervention will, and entered in probate upon notice to a ■guardian ait litem conformably to tbe statute and to tbe order of court, to which tbe guardian personally appeared in tbe action, is upon due process of law and conclusive tbe same as any other judgment.</p> <p>Judgments — Conclusiveness—Collateral Attack. A judgment or decree of a court of competent jurisdiction cannot be set aside by a court of coordinate jurisdiction, tbe power to vacate judgments being entirely different from tbe power to reverse them; and tbe relief must be sought in tbe court where tbe judgment was entered.</p>