Macdonald v. Frater

Citations

• 29 Wash. 422
• 69 P. 1111
• 1902 Wash. LEXIS 605

Syllabus

<p>NON-INTERVENTION WILES-LIABILITY OF ESTATE-JUDGMENT AGAINST EXECUTRIX- — CONCLUSIVENESS.</p> <p>In an action in the federal court by the receiver of an insolvent national bank against the executrix of an estate to recover judgment upon her testator’s liability as a shareholder, judgment against the executrix was decisive of the issues as to the liability of the estate and the jurisdiction of the court, and was an enforceable judgment in probate proceedings in the state court, where it appeared that the executrix was appointed under the terms of a non-intervention will, by virtue of which she took over all the property of the estate, that she still had funds thereof in her possession, without there being any other indebtedness against' the estate, and that her testator was the owner of shares of stock in such insolvent bank upon which a valid assessment had been levied by the comptroller of the currency.</p> <p>SAME-DISCHARGE OF EXECUTRIX BY COURT- — EFFECT.</p> <p>Where an executrix derived her powers from what is known as a “non-intervention will,” and accepted -her trust and managed it in accordance with the provisions of the will and not under the statute regulating the administration of estates, the fact that she sold her testator’s partnership interest under leave of court, and that she filed a report showing there were no debts against the estate, upon which the court granted her a discharge from her trust, would not exempt her from after accruing liabilities of the estate, inasmuch as the act of the probate court in attempting to control the administration of an estate held under such a will was beyond its jurisdiction.</p> <p>SAME — NOTICE TO CREDITORS.</p> <p>Notice to creditors to file claims within one year is not necessary in the case of estates administered under the provisions of a non-intervention will.</p> <p>SAME-CLAIMS NOT IN EXISTENCE.</p> <p>The har of the statute upon claims against a decedent’s estate not presented within one year after noti