Bell v. Hotel Sorrento

Citations

• 70 Wash. 498
• 127 P. 100
• 1912 Wash. LEXIS 1074

Syllabus

<p>Executors and Administrators — Claims—Allowance to Widow —Preferred Claims. Under Rem. & Bal. Code, §§ 1466, 1467, and 1571, authorizing allowances for the support of the widow which are preferred over all claims except funeral charges and costs of administration, the court may classify and allow, as preferred, claims for caring for the widow at a hotel and hospital, doctor’s and nurse’s charges, and her brother’s expenses in a trip from the east to care for her, where the deceased and widow were fatally injured in an accident while temporarily in the state, in view of the gravity and manifest necessities of the case.</p> <p>Same — Allowance to Widow — Pbeperred Claims — Notice— Waiver — General Appearance. There is a general appearance in probate, which waives jurisdictional objections to an order classifying claims and directing preferred allowances because of want of notice of final settlement provided by Rem. & Bal. Code, § 1562, where the parties had actual notice of the hearing, asked and obtained a continuance, and stipulated for a hearing at a later date, at which they had full opportunity to be heard.</p> <p>Same — Claims—Jurisdiction—Notice—Necessity. The jurisdiction of the court to make allowances for the widow’s support which are preferred to claims of other creditors does not depend upon the notice to all creditors required on final settlement, as against creditors who had actual notice; nor as to other persons having claims, in view of the opportunity of such claimants to be heard on final settlement.</p> <p>Same — Claims—Ancillary Administration. Upon an ancillary administration in this state upon the estate of a resident of Kentucky dying in this state, the court may make allowances for the support of the widow while being cared for in this state, without having the claims passed upon by the probate court of Kentucky.</p> <p>Same — Objections to Claims — Estoppel — Inconsistent Position. Creditors filing claims in an ancillary administration in t