In re the Estate of Alfstad

Citations

• 27 Wash. 175
• 67 P. 593
• 1902 Wash. LEXIS 377

Syllabus

<p>DISMISSAL OF APPEAL-FAILURE TO DESIGNATE PARTIES.</p> <p>Bal. Code, § 6501, which provides that the party appealing shall be known as the appellant and the adverse party as the respondent, and they shall be so designated in all papers in the cause after the notice of appeal shall have been given or served, is not mandatory in the sense that a failure to comply literally with such provisions would be ground for dismissal of the appeal.</p> <p>SAME-FAILURE TO PRINT FINDINGS IN BRIEF.</p> <p>Where an appeal is taken from a judgment based upon a finding by the court that the final account presented by an administratrix was correct and just, except as to two minor items, the failure of appellants to print in their brief the court’s findings as to separate items of the account which it allowed and approved would not be ground for dismissal.</p> <p>EXECUTORS AND.ADMINISTRATORS-FINAL ACCOUNTING-ALLOWANCE OF CLAIMS-PRESUMPTIONS.</p> <p>The action of the lower court in overruling objections to claims against a decedent’s estate, made on the ground that they were not properly verified and proved, or that they were not presented within the time limited by law, must he presumed as correct in the absence of evidence in the record tending to support the objections.</p> <p>'SAME-COURT SITTING IN PROBATE-JURISDICTION.</p> <p>Although the superior court has original jurisdiction, under the state constitution, of all matters of probate, of all cases in equity and of all cases in law not specially excepted, such courts have no power in probate proceedings to pass upon questions of partnership between the decedent and other parties.</p> <p>SAME-ALLOWANCE FOB IMPROVEMENTS UPON REALTY.</p> <p>Although an administratrix may have had no right to make improvements upon an estate in her charge, without the authority of the court therefor, yet where such improvements were made with the consent of all parties interested in the distribution of the estate, and were made in good faith for the b