Meeker v. Waddle

Citations

• 83 Wash. 628
• 145 P. 967
• 1915 Wash. LEXIS 730

Syllabus

<p>Appeal — Record—Exceptions—Time eor Taking. Under Rem. & Bal. Code, § 383, exceptions to findings of fact, in order to secure a review of the evidence, must be taken within five days after the findings are filed or notice given, or if notice is not given, then within five days after acquiring notice of the decision in any way.</p> <p>Appeal — Record—Statement oe Facts — Failure to Except to Findings. Failure to except to findings of fact does not preclude all review on appeal or require the statement to be stricken, where the sufficiency of the complaint and of the plaintiffs evidence to support any decree in favor of the plaintiff was raised by demurrer to the complaint and motion for nonsuit, and the record contains the pleadings and all the evidence.</p> <p>Executors and Administrators — Distribution — Decree — Conclusiveness. A decree of final distribution in probate, after due notice and hearing, is of the same force as a judgment in any court of equal solemnity, and cannot be attacked or annulled in any collateral proceeding, except for fraud.</p> <p>Same — Distribution—Decree. A decree of final distribution including the wife’s separate estate as community property cannot be set aside for fraud in procuring it, where it merely appears that the decree was obtained by falsely representing that the property was all community property, and that tbe surviving husband made a statement that the probate was for the purpose of shutting out heirs; since a decree cannot be vacated on the mere ground that it was based upon perjured testimony.</p>