Griffin v. Warburton

Citations

• 23 Wash. 231
• 62 P. 765
• 1900 Wash. LEXIS 355

Syllabus

<p>EXECUTORS AND ADMINISTRATORS-DISTRIBUTION OE ESTATE — ■ NECESSITY EOR DECREE.</p> <p>Where all the debts against a decedent’s estate have béen either satisfied or barred, and all expenses of administration paid, and the administrator and the heirs have agreed among themselves to abandon the probate proceedings, and the realty-belonging to the estate has been distributed by agreement among the heirs according to their several interests, that portion of the estate must be presumed as having been fully administered, and an administrator de bonis non cannot subsequently take possession of the realty and proceed to administer thereon because of the failure of the former administrator to procure a decree of distribution through the proper court, since under Bal. Code, § 4640 et seq., title vests in the heirs immediately on the death of the ancestor, without any necessity for an order of court, subject only to the debts against the estate, family allowance and expenses of administration.</p> <p>SAME-EXECUTION AGAINST HUSBAND-SAXE OE INTEREST IN COMMUNITY ESTATE-RIGHTS OE PURCHASER.</p> <p>Where the interest of the husband in realty acquired by the community composed of himself and wife, was levied upon and sold under a judgment for a debt incurred by him after the death of his wife, which sale was acquiesced in by him and subsequently upheld by the court, in an action by the purchaser to quiet title against the wife’s heirs, wherein the purchaser was awarded the husband’s interest in such realty, the purchaser must be deemed to have succeeded to all the rights of the husband in the realty to such an extent as to vest him with an interest therein sufficient to warrant his right to question the attempted exercise of dominion thereover by an administrator de bonis non of the wife’s estate.</p>