In re the Estate of Bredl

Citations

• 117 Wash. 372
• 201 P. 296
• 1921 Wash. LEXIS 1055

Syllabus

<p>Executors and Administrators (10, 13) — Right to Appointment —Qualifications. The preference right of the husband to appointment as administrator upon the community property upon the death of his wife, under Laws 1917, ch. 156, § 49, is forfeitable for fraud, where he procures his appointment with knowledge of the existence of a will by his wife, but falsely swears there is no will, with the intent of acquiring a greater share of the estate than he would be entitled to under the will.</p> <p>Same (13). While the preference right under statute to administer upon an estate is a valuable right, it is not an absolute right, and does not require that the court shall appoint one who has given evidence of dishonesty of purpose in seeking the appointment, or who in other respects has betrayed gross unfitness for the trust.</p> <p>Holcomb, J., dissents.</p>