Davis v. Seavey

Citations

• 95 Wash. 57
• 163 P. 35
• 1917 Wash. LEXIS 760

Syllabus

<p>Executors and Administrators — Distribution—Decree—Conclusiveness — Fraud. The probate of a will and final distribution of the estate cannot be set aside after the lapse of two years for the fraud of the executrix in suppressing a codicil in favor of the plaintiff; since it is merely an attack upon the final decree of distribution because of the presentation of false evidence touching the merits of the question as to who were the proper distributees.</p> <p>Same. In such a case there can be no recovery of the amount of the codicil on the theory that the defendant held the distributed property as trustee for the plaintiff.</p> <p>Wills — Contest — Limitation. An action for an accounting against the executrix of a will cannot be sustained as a will contest, unless commenced within one year following the probate of the will, under Rem. Code, § 1307, limiting the time for contesting a will.</p> <p>Judoment — Vacation—Limitations. Under Rem. Code, § 466, the proceeding to vacate or modify a judgment must be commenced within one year following the rendition of the judgment.</p>