Filley v. Murphy

Citations

• 30 Wash. 1
• 70 P. 107
• 1902 Wash. LEXIS 639

Syllabus

<p>JURISDICTION-PETITION PILED IN PROBATE-RIGHT TO TREAT AS CIVIL PROCEEDING.</p> <p>Where a citation to a former administrator has been issued in probate, and he appears and demurs to the petition upon which it is based, on the ground that it raises an issue as to the title and right of possession of property, the demurrer should be overruled, inasmuch as the court has jurisdiction under the code procedure to treat the petition as in the nature of a complaint in a civil proceeding, and to settle the issues thereunder by proper trial.</p> <p>SAME-RIGHT TO JURY TRIAL.</p> <p>Where the pleadings in a case filed in probate raise the issue as to the right of possession of real and personal property, a jury trial is demandable, under Bal. Code, § 4967, which provides that an issue of fact in an action for the recovery of specific real or personal property shall be tried by a jury, unless a jury be waived.</p> <p>ESTOPPEL-ADMINISTRATOR’S INDIVIDUAL PROPERTY INCLUDED IN INVENTORY.</p> <p>The fact that an administrator, by mistake or in ignorance of legal rights, included his own property in an inventory of the estate would not estop him from subsequently asserting his ownership.</p>