Gorkow v. Crowe

Citations

• 28 Wash. 65
• 68 P. 174
• 1902 Wash. LEXIS 456

Syllabus

<p>PROBATE JURISDICTION-CONTROVERSY BETWEEN THIRD PARTIES.</p> <p>The jurisdiction of the superior court in matters of probate being confined, under Bal. Code, § 6075, to matters incidental to the settlement of the estates of decedents and of estates under control of guardians, its power cannot be invoked to determine controversies between third parties which in no way affect the interests of the estate itself, and hence the court sitting in probate has no jurisdiction to determine the right of an attorney to fees for services rendered in behalf of a legatee in contests over the will through which she claims.</p> <p>RIGHT TO JURY TRIAL-ACTION FOR RECOVERY OF SPECIAL FUND.</p> <p>Under Bal. Code, § 4967, which provides that “an issue of fact, in an action for the recovery of money only, or of specific real or personal property, shall be tried by a jury, unless a jury is waived,” defendant is entitled to a jury trial, where plaintiff sues upon a contract for legal services and seeks to recover a specific and designated fund in the hands of the probate court, and hence is an action for recovery of specific personal property.</p>