Marschall v. Prescott

Citations

• 112 Wash. 197
• 191 P. 836
• 1920 Wash. LEXIS 711

Syllabus

<p>Executors and Administrators (4)—Appointment—Right to Letters—Nonresident Heirs—Jurisdiction. The court has jurisdiction to appoint an administrator within forty days after the death of the decedent, where the petition was in proper form and contained all the essentials necessary to give the court jurisdiction under the probate code, Laws of 1917, p. 657, § 62, and there was no surviving wife nor any heirs living within the state and eligible to appointment under Id., p. 663, § 87.</p> <p>Same .(12)—Appointment—Preferred Classes—Nominees by Next of Kin. The right granted to the next of kin by the probate code, Laws of 1917, p. -656, § 61, subd. 2, is a preference right to appointment as administrator only, and no right is given to nominate another for appointment, such right being given only to the surviving spouse, under Id., subd. 1.</p>