McLean v. Roller

Citations

• 33 Wash. 166
• 73 P. 1123
• 1903 Wash. LEXIS 503

Syllabus

<p>Appeal—Bond—Affidavit of Sureties. The fact that the principal in an appeal bond, as notary public, took the affidavits of the sureties does not affect the sufficiency of the bond.</p> <p>Administration—Priority—Who Entitled to—Disqualification of Husband. Under Bal. Code, § 6141, conferring the prior right to administration upon the surviving husband, or upon such person as he may request to be appointed, the husband, although convicted of a felony and himself disqualified to act, may designate the person entitled to the appointment.</p> <p>Same—Waiver of Right—Time for Asserting Preference. The neglect of the person entitled to letters of administration to petition therefor for more than forty days after the death of the intestate waives the right to priority, under Bal. Code, § 6141, and confers upon the court discretionary power to appoint any suitable person, and where two suitable persons subsequently apply, a selection made without reference to former priorities will not be disturbed on appeal.</p> <p>Same—Jurisdiction—Sufficiency of Application—Affidavit as to Heirs-—-Failure to File. The failure of the applicant for letters oí administration to file with. Ms petition an affidavit, stating tlie names and residences of the lieirs, is not a jurisdictional defect, since the same section requires the jurisdictional facts to he stated in the petition, and where this is done and the affidavit is filed at the time of the hearing the appointment is authorized.</p>