Littell v. Bonney & Stewart

Citations

• 25 Wash. 430
• 65 P. 793
• 1901 Wash. LEXIS 411

Syllabus

<p>APPEAL-DISMISSAL FOR FAILURE TO FILE BRIEF.</p> <p>Where an appellant to whom no extension of time has been .granted neglects to serve and file his brief in the cause within ninety days after filing his notice of appeal, his appeal will be •dismissed upon the motion of an adverse party.</p> <p>SAME — DEPOSIT OF MONEY IN LIEU OF BOND •— CONCLUSIVENESS OF CLERK’S CERTIFICATE.</p> <p>Although an appellant may have deposited a bank check instead of cash with the clerk of the superior court in lieu of an appeal bond, a certificate by the clerk to the effect that the appellant had deposited the required sum in gold coin is conclusive ■of the fact that money was deposited as required by the statute.</p> <p>RIGHT OF ADMINISTRATION UPON DECEDENT’S ESTATE-PRINCIPAL CREDITORS.</p> <p>Bal. Code, § 6141, awarding the right to administer upon a •decedent’s estate in certain contingencies to one or more of the principal creditors, contemplates only such creditors as were in existence prior to the decedent’s death and would not include a creditor for the funeral expenses, since § 6333, Id., specially protects the holder of such a claim by .making it the first one payable out of the funds of the estate.</p> <p>•SAME.</p> <p>In a contest among creditors for the administration of an estate valued at $250,000, where the claims of all the creditors except one were for sums less than $100, and that one’s claim was for $60,000, there could be but one principal creditor, within the contemplation of Bal. Code, § 6141, awarding administration '“to one or more of the principal creditors,” if there are no relatives or next of kin.</p> <p>SAME-WAIVER OF EIGHT-POWER OF COURT TO APPOINT STRANGER TO ESTATE.</p> <p>Where one or more of the principal creditors of a decedent’s ■estate waive their right to administration in writing, the court may appoint any person, not a creditor, even if other creditors ■exist, to administer upon the estate, under Bal. Code, § 6141, which provides that “if there