In re The Estate of Sullivan

Citations

• 48 Wash. 631
• 1908 Wash. LEXIS 932

Syllabus

<p>Descent and Distribution — Proof of Heirshit — Evidence—Sufficiency. The evidence is sufficient to sustain findings that claimants are next of kin as the only first cousins, where deceased's parentage appeared from records of his parents’ marriage, and parish records of baptism of himself and sisters and a brother, the prior death of his father, mother and sisters and brother being clearly shown, and where, a short time before his death, the deceased took out administration upon his sisters’ estates, making oath that he was their only heir, and the relationship of the claimants with deceased’s family was shown by satisfactory evidence, while the testimony of other claimants was largely traditional, and failed to establish the identity of their ancestor with that of deceased’s.</p> <p>Same — Next of Kin — Cousins—Degrees—Statutes — Construction. First cousins take to the exclusion of second cousins under Bal. Code, § 4620, subd. 5, providing that in the absence of issue, husband, wife, father, mother, brothers or sisters, the estate shall go to the next of kin, in equal degree, excepting that, of collateral kindred claiming through different ancestors, those claiming through the nearest ancestor shall be preferred.</p> <p>Administrators — Settlement — Effect — Subsequent Orders — Judgment — Res Judicata. The settlement of a so-called final account of an administrator, does not preclude him from asserting, as an individual, error in subsequent orders affecting his relation to the estate since the making of the orders.</p> <p>Administrators — Appeal-—Right to Appeal from Distribution. An administrator has an appealable interest in an order of final distribution of an estate, since it is his duty to guard against error in distribution without ample provision for obligations of the estate.</p> <p>Administrators — Final — Distribution — Provision for Debts. An order of final distribution of an estate, requiring all real and personal property except cash on hand to be t