Bishop v. Locke

Citations

• 92 Wash. 90
• 158 P. 997
• 1916 Wash. LEXIS 1149

Syllabus

<p>Executors and Administrators — Right to Possession of Realty —Nonintervention Wills — Time for Administration. Under Rem. & Bal. Code, §§ 1366, 1449, 1534, entitling executors to the possession of the real property during administration, an action for partition does not lie against an executrix in possession under a nonintervention will prior to the expiration of one year after the death of the testator; in view of Id., § 1444, providing that claims against such estates shall he paid within one year from the date of publication of notice to creditors, which is the same time allowed for administering ordinary estates.</p> <p>Same — Nonintervention Wills — Failure to Execute Trust — Relief — Complaint—Sufficiency. A complaint for partition against an executrix of a nonintervention will is insufficient as a claim for equitable relief under Rem. & Bal. Code, § 1444, providing therefor in case the trust is not being faithfully discharged, where it merely alleges lack of harmony between the heirs and threatened foreclosures under which the property may be lost, and does not charge the executrix with any failure of duty required by law.</p>