Hinchman v. Clement

Citations

• 8 Wash. 323
• 35 P. 1073
• 1894 Wash. LEXIS 59

Syllabus

<p>DECEDENT’S ESTATE — SALE TO PAY MORTGAGE DEBT — ATTORNEY FEES.</p> <p>The provision of §1035, Code Proc., allowing the sale of a decedent’s mortgaged property for the purpose of satisfying the mortgage debt, if the decedent “shall not have devised the same,” merely limits the sale in case of a specific devise, and has no application to cases where the property has been devised to a residuary legatee. (Dunbar, C. J., dissents.)</p> <p>In ordering a sale of a decedent’s mortgaged real estate to pay the mortgage thereon, under Code Proc., §1035, it is error for the court to award an attorney’s fee as upon foreclosure to the holder of the mortgage.</p>