In re the Estate of Adin

Citations

• 117 Wash. 693
• 202 P. 262
• 1921 Wash. LEXIS 919

Syllabus

<p>Executors and Administrators (159-1) — Accounting—Disbursements — Last Sickness — Provisions of Will. A will providing that a named beneficiary should take nothing thereunder, until he should execute a release and acquittance of all demands which he may have against the testator or his estate, did not contemplate a claim based on the fact that such beneficiary had become responsible for the expenses of the testator’s last sickness.</p> <p>Same (45) — Management of Estate — Personal Profit — Possession of Property. Where, under the terms of a will and by agreement of the beneficiaries, an administrator, who had been given a life estate in a tract of land, had gone into possession and personally profited thereby, such fact could not be urged as an objection against his final account.</p> <p>Same (163). — Settlement and Accounting — Compensation — Waiver of Right. The heirs of an executor who had died pending administration cannot complain there was no allowance for services of such deceased executor in the final account, where no account had been filed on behalf of the deceased executor and the report made no provision for compensation to either executor or administrators.</p> <p>Wills (85) — Rights of Devisee — Claims—Construction of Will —Duty to Cancel. An objection that an administrator with the will annexed had not cancelled every claim which he had against the estate as required by a bequest in his favor is without merit, where the record shows he never presented any claim against the estate, and that he had filed a proper acquittance with the deceased executor of the estate.</p> <p>Executors and Administrators (158) — Settlement and Accounting — Use and Occupation of Premises. An objection to the final account of an administrator on the ground that the expenses of administration were not a pro rata charge against the devisees, legatees and beneficiaries is not well taken, where the will expressly-provided the charges should be prorated, and such charges were