In re the Estate of Hoss

Citations

• 59 Wash. 360
• 109 P. 1071
• 1910 Wash. LEXIS 1204

Syllabus

<p>Executors and Administrators — Right to Letters — Creditors. Assignments of claims after the death of the decedent, do not entitle the assignee to letters of administration as a “creditor” of the decedent.</p> <p>Executors and Administrators — Right to Letters — Relatives— Statutes — Construction — Provisos. Under Rem. & Bal. Code, § 1389, specifying the next of lcin entitled to letters of administration upon the estate of a deceased person and fixing the order of their right, followed by “principal creditors”, with the proviso that if the persons entitled fail to apply within forty days, or if there be no relatives or next of kin, or creditors, the .court may appoint any suitable person, the general words in the proviso, “no relatives or next of kin,” must be construed to mean no relatives or next of kin specified in the enacting clause as entitled to letters, and other relatives have no prior right and cannot object to the appointment of any suitable person. ‘</p>