Rader v. Stubblefield

Citations

• 43 Wash. 334
• 86 P. 560
• 1906 Wash. LEXIS 702

Syllabus

<p>Estoppel — Wills—Right to Contract. After a full settlement between the surviving widow and the executors of her husband’s will, made in good faith and fully acted upon by both parties, whereby the widow accepted her legacy and released her claims in consideration of further cash payments and property, she is, under Bal. Code, § 6110, estopped after one year from questioning the validity of provisions of the will or its probate or from claiming further interest in the estate.</p> <p>Wills — Probate—Jurisdiction—Nonresident Testator. Upon the death of a nonresident testator leaving personal property in this state, the superior court of the county wherein such personal property is situated has original jurisdiction to admit the will to probate, under Bal. Code, § 6087, and it is not a condition precedent that the will be first probated in the courts of the state of Ms domicile.</p> <p>Executors and Administrators — Principal and Ancillary Administration. Upon the death of a nonresident testator, and the original probate of his will in a county in this state wherein he left the bulk of his real and personal property, the administration of the estate in the court of such county should be considered the principal one, and a subsequent probate at the place of Ms domicile only ancillary thereto.</p> <p>Same — Personal Property — Domicile—What Law Governs. Upon the probate of a will of a nonresident, his personal property in this state should be administered according to the laws of his domicile.</p> <p>Charities — Wins—Validity. A will creating a trust for the establishment of a home for orphans and widows, leaving the management and control, and the amount to be devoted to the support of widows, wholly and entirely within the discretion of the trustees and their successors, is valid.</p> <p>Courts — Jurisdiction — Injunction Against Action in Other State. A citizen of this state and domiciled here can be enjoined from prosecuting an action in another state against a ci