McKenna v. Cosgrove

Citations

• 41 Wash. 332
• 83 P. 240
• 1906 Wash. LEXIS 963

Syllabus

<p>Executobs and Administrators — Resignation—Appointment of Successor — Validity—Collateral Attack. Where an administrator has tendered his resignation and the same has been accepted and a new administrator has been appointed, the last appointment cannot be collaterally attacked by reason of the fact that the first administrator did not render any account.</p> <p>Same — Sale of Real Estate to Pay Debts — Petition—Nonexistence of Personal Property — Showing—Sufficiency. Although the petition for the sale of real estate for the purpose of paying debts of the estate does not state that there was any personal property belonging to the estate, it will be presumed, in aid of the juris- ■ diction, after the confirmation of the sale, that the court was advised that there was no personal property which could have been applied to the payment of debts, there being no affirmative showing to the contrary.</p> <p>Same — -Petition—Necessity of Sale. Upon a collateral attack of a sale of real estate for the purpose of paying the debts of the estate, which real estate was specifically devised, it will be presumed in aid of the proceedings that there was no other real estate belonging to the estate, where the petition for the sale states that the lot in question was the only property belonging to the estate, although another lot was included in the inventory; and oral evidence that such other lot belonged to the estate was properly excluded.</p> <p>Executors and Administeatobs — Power to Mortgage Estate— Execution in Representative Capacity — Presumption. An administratrix having authority to mortgage property of the estate under certain conditions, a new mortgage executed by her in her representative capaciy will be presumed regular, nothing to the contrary appearing, and the court having known thereof and approved the application of the proceeds of such note and mortgage.</p> <p>Same — Sale to Pay Debts — Confirmation—Regularity—-Bona Fide Purchaser — Collateral Attack. An adminis