Larson v. Stewart

Citations

• 69 Wash. 223
• 124 P. 382
• 1912 Wash. LEXIS 878

Syllabus

<p>Executors and Administrators—Right to Letters—Preferred Classes—Nominees—Right of Creditors. Rem. & Bal. Code, § 1389, providing that administration of the estate shall be granted in the following order: (1) to the surviving husband or wife; (2) to the next of kin in a specified order, and (3) to principal creditors, creditors have no more than a privilege to pray for letters, if the others do not exercise their preference, and the court may appoint the nominee of one of the preferred classes although the statute does not expressly give the right of nomination; in view of the provision that creditors cannot exercise their right until after the lapse of 40 days, and the implication of power in the court to exercise its discretion, and the provision authorizing the appointment of any suitable person if the heirs in writing waive their right.</p>