Doble v. State

Citations

• 95 Wash. 62
• 163 P. 37
• 1917 Wash. LEXIS 761

Syllabus

<p>Executors and Administrators — Distribution—Decree—Conclusiveness. Where property has been distributed by a final decree of distribution, the distributee cannot he sued as a trustee of the property by one claiming to be the rightful distributee.</p> <p>Judgments — Vacation — Jurisdiction — Courts oe Coordinate Jurisdiction. Although Rem. Code, § 886, requires suits against the state to be brought in Thurston county, a decree of the superior court of Whitman county escheating an estate to the state of Washington cannot be attacked in a suit against the state brought in the superior court of Thurston county, which is a court of coordinate jurisdiction; and if error was made, it must be corrected in the court in which it was made, or by appeal.</p> <p>Treaties — Construction and Operation — Descent oe Real Property. The treaty between the United States and Great Britain, ratified July 28, 1900 (31 U. S. Stats., p. 1939, art. 1), providing that, on the death of any person holding real property within the territories of one of the contracting parties, where such property would pass to a citizen or subject of the other, then such citizen or subject shall be allowed a term of three years in which to sell the property, does not allow such citizen three years in which to appear in court in administration proceedings to settle the estate and escheat the property to the state of Washington.</p> <p>Same. Such treaty, further providing in article 3, that notice of the death of a citizen of either country without known heirs must be given to tbe nearest consular agent, does not undertake to change the rule of descent or put subjects of either nation upon a different basis of inheritance than the laws of each nation provided for its own citizens.</p>