Horton v. Barto

Citations

• 57 Wash. 477
• 107 P. 191
• 1910 Wash. LEXIS 780

Syllabus

<p>Executors and Administrators — Distribution—Jurisdiction— Process — Infants—Service on Guardian. A decree of distribution of an estate cannot affect tbe interests of a minor unless jurisdiction over him be acquired by service of notice upon bis general guardian, if be bave one, and if not, then by tbe appointment of a guardian ad litem.</p> <p>Same — Jurisdiction Over Heirs. Upon tbe distribution of an estate it is necessary to acquire jurisdiction over heirs or devisees of tbe deceased, or their descendants who died subsequently to tbe death of the deceased.</p> <p>Same — Distribution—Bona Fide Purchasers — Interests Not of Record. A distributee upon final settlement of an estate, and his successors in interest, are not tona fide purchasers by reason of tbe fact that they bad no notice of tbe interests of an heir which was not in tbe record chain of title; but they are bound to notice tbe interests of all who successively acquire title by inheritance or will.</p> <p>Same — Records—Failure to Record Will. Failure to record a will, under Rem. & Bal. Code, § 1306, requiring a copy of a will to be recorded in tbe county auditor’s office of each county in which lands devised are located, does not relieve a purchaser of taking notice of tbe interests of devisees where the will was probated in tbe county in which tbe land is located.</p> <p>Wills — Execution—Probate—Collateral Attack. Probate of a will in common form cannot be collaterally attacked or set aside after tbe time limited therefor by law because of tbe fact that tbe will appears on its face not to bave been executed in tbe manner required by law.</p> <p>Same — Statutes. Under Rem. & Bal. Code, § 1307, providing for tbe contest of tbe probate of a will, within one year, on tbe question of tbe competency of tbe deceased, or respecting its execution, restraint, undue influence, “or any other cause affecting tbe validity” of tbe will, and § 1309, providing that tbe probate shall be binding if no person shall ap