Crowe & Co. v. Adkinson Construction Co.

Citations

• 67 Wash. 420
• 121 P. 841
• 1912 Wash. LEXIS 1194

Syllabus

<p>Executors and Administrators — Actions — Claims — Presentation — Mechanics’ Liens — Foreclosure. Under Rem. & Bal. Code, § 1479, providing that no holder of any claim against an estate shall maintain an action thereon unless he shall have first presented a claim to the executor or administrator, the presentation of a claim is a condition precedent to an action to foreclose a mechanics’ lien against property of the estate, for materials furnished to a contractor under a contract made with the deceased during his lifetime.</p> <p>Same —■ Mechanics’ Liens — Materials. The necessity of presenting a claim is not affected by the fact that there is no privity between the materialman and the owner, the lien not depending on contract and being limited to the reasonable value of the services.</p> <p>Husband and Wipe — Community Property — Administration. Upon the death of either spouse, the entire community estate, and not the deceased’s portion, is subject to probate.</p>