Polk v. Martin

Citations

• 82 Wash. 226

Syllabus

<p>Executors and Administrators — Right to Property- — Inventory —Determination oe Right — Time. All questions concerning the ownership or right of possession of property, claimed by a person having an interest in the estate to be the property thereof, are to be tried and determined during the course of administration, in view of Rem. & Bal. Code, §§ 1450, 1458, making it the duty of the administrator to file a true inventory of all property within thirty days, or as soon thereafter as any property is discovered, on pain of attachment or revocation of letters, and § 1461, providing for citation in case any one interested in the estate complains that property has not been inventoried.</p> <p>Appeal — -Decisions Reviewable — Orders in Peobate — Affecting Substantial Rights — Finality. Since the right to property claimed to belong to an estate is to be determined in probate during the course of administration, an order sustaining a demurrer to the petition and dismissing a citation to the administrator to compel him to include certain property in his inventory, is appealable under Rem. & Bal. Code, § 1716, subd. 6, as an order affecting a substantial right which in effect determines the right or proceeding and prevents a final judgment therein.</p> <p>Appearance — Waiver oe Defects. Defects in a citation to an administrator are waived by the filing of a general appearance.</p> <p>Same — Waiver of Special by General Appearance. A special appearance to quash -a proceeding in probate is waived where the party subsequently filed a general demurrer to the petition without saving his special appearance.</p> <p>Executors and Administrators — Proceedings—Trial of Title to Property — Jurisdiction. Since the superior court, in a probate proceeding, under our constitution, can exercise all the powers of a court of general jurisdiction, on citation to compel the filing of a proper inventory, it has jurisdiction of the parties and subject-matter to try out the right and title to pr