Prefontaine v. McMicken

Citations

• 16 Wash. 16
• 47 P. 231
• 1896 Wash. LEXIS 3

Syllabus

<p>decedent’s ESTATE — DISTRIBUTION — TITLE OF DISTRIBUTEES—APPLICATION OF CREDITOR TO SELL AFTER DISTRIBUTION—PROCEDURE.</p> <p>After a decree of distribution of a decedent’s estate has been rendered in a probate proceeding, and the estate has been distributed in accordance therewith, the court has no jurisdiction to subject the property involved therein to a judgment subsequently rendered against the administrator, when the decree of distribution has not been reversed, modified or annulled.</p> <p>The effect of a decree of distribution is to vest the absolute right and title to the property in the distributees, and a subsequent order of the court directing a different disposition to be made of a portion of the property would be without authority and void.</p> <p>Even though a decree of distribution of a decedent’s real estate may have been conditional and the condition may not have been performed, such real estate cannot be subjected to the lien of a judgment when the petition therefor fails to state facts showing that there is not sufficient personal property in the hands of the executor to satisfy the claim, and that a sale of the real estate is necessary for the purpose of paying debts of the estate.</p> <p>A claimant against a decedent’s estate has no right to proceed against the heirs and distributees, until he has exhausted his remedies against the personal representatives; and, in such event, he must resort to an independent action against the heirs and distributees.</p>