Fairfax v. Walters

Citations

• 66 Wash. 583
• 120 P. 81
• 1912 Wash. LEXIS 811

Syllabus

<p>Judgments — Conclusiveness—Finality. An order in probate setting aside a homestead to a widow is res adjudícala, if the court had jurisdiction and the administrator appeared or had sufficient notice to appear and try out the question.</p> <p>Husband and Wife — Community Property — Executors and Administrators — Homestead for Widow — Title Conferred — Statutes. Under Rem. & Bal. Code, §§ 1465, 1466, authorizing the probate court to set aside a homestead for the support of the widow and children, if none was selected by the deceased in his life, which homestead shall be exempt from debts and not treated as assets of the estate, an order setting aside to the widow a homestead from community property vests in her the title in fee, if the court had jurisdiction to make the order.</p> <p>Executors and Administrators — Homestead for Widow — Appraisal and Order — Notice—Jurisdiction—Judgment — Conclusiveness. Under Rem. & Bal. Code, §§1465, 1466, making it the duty of the probate court when certain facts appear to set aside a homestead of a specified value for the care and support of the widow and children, which homestead shall not be assets in the hands of the administrator, an order appraising and setting aside a homestead upon the widow’s petition, filed in the probate case, is a proceeding within the administration of the estate requiring no personal service upon the administrator as in the case of an original proceeding; but notice to the attorney authorized to represent the administrator in the administration of the estate confers jurisdiction to make the appraisement and order, which is final and conclusive, if not resisted (Parker, J., dissenting).</p>