Myhren v. Myhren

Citations

• 95 Wash. 101
• 163 P. 388
• 1917 Wash. LEXIS 772

Syllabus

<p>Appearance — Statutes. Rem. Code, § 241, providing that a party appears in an action when he answers, demurs or gives written notice, etc., has no application to a proceeding in probate for the construction of a will where parties are present and represented at the hearing in answer to a citation.</p> <p>Appeal — Requisites—Notice of Appeal — Coparties. Where a decree construing a will limited it to the community interest of the testator, holding that the widow was not required to make an election, legatees whose interests were thereby reduced and who appeared to the citation, and were represented in court at the hearing, are indispensable parties to an appeal from the decree.</p> <p>Same. Under Rem. Code, § 1720, a notice of appeal by one of the parties affected must be served upon coparties who appeared below, notwithstanding such coparties would be benefited by a reversal of the judgment.</p>