Corcoran v. Carrau

Citations

• 40 Wash. 202
• 82 P. 297
• 1905 Wash. LEXIS 963

Syllabus

<p>Judgments — Collateral Attack — Order oe Dismissal Vacating a Previous Order. An order of dismissal, which set aside and took the place of an order of dismissal entered the day before, is presumed regular, on collateral attack by respondent upon moving to dismiss an appeal therefrom because no appeal was taken from the first order, which latter is therefore functus officio and without vitality.</p> <p>Appeal — Final Orders. An order vacating a previous dismissal, and dismissing a will contest, is a final order affecting a substantial right, and is appealable, the first order being without further vitality.</p> <p>Wills — Contest—Pleading—Amendment oe Petition- — -Institution Within One Year. When a will contest is filed within time, and the petition is struck out for want of verification, with express leave to amend, the court is not without jurisdiction, and the proceeding is not barred, by reason of the fact that the amended petition was not filed within one year.</p> <p>Same — Time eor Filing Contest. When a decree admitting a will to probate is void, the time for filing a contest is not limited to one year.</p> <p>Same — Dismissal eor Want op Prosecution — Proceedings Stayed by Injunction op Federal Court — Excuse por Delay. It is error to dismiss a will contest for want of prosecution, when the proceedings were restrained by the order of the Federal court, although the proceeding in such court was instituted by the contestants of the will while the matter was still pending in the state courts.</p> <p>Wills — Probate—Citation—Service—Ten Days Notice — Order op Probate — Jurisdiction. The probate of a will is void for want of jurisdiction when no notice to the widow or next of kin was given under Bal. Code, § 4606, requiring a ten days’ notice of the time set for hearing.*</p> <p>Same — Burden op Proop. Upon a contest, the burden of proof is upon the proponent of a will, afthough a decree had been entered admitting the will to probate, where such decree was vo