Reformed Presbyterian Church of North America v. McMillan

Citations

• 31 Wash. 643
• 72 P. 502
• 1903 Wash. LEXIS 683

Syllabus

<p>WILLS-CONSTRUCTION-JURISDICTION OF SUPERIOR COURT SITTING IN PROBATE.</p> <p>A superior court sitting in probate has jurisdiction to entertain a proceeding to construe a will, as such courts are not shorn of their general powers conferred by the constitution by the further provision vesting them with jurisdiction “of all matters of probate,” so as to restrict their jurisdiction to that of probate courts when acting as such.</p> <p>SAME-DETERMINATION OF DISTRIBUTEES.</p> <p>Semille, that under Bal. Code, § 6355, which makes it the duty of the superior court sitting in probate, upon the settlement of the final account, to distribute the estate among the persons who are by law entitled thereto, the court may determine who are entitled to the property.</p> <p>SAME-ACTION BY DEVISEE-LIMITATIONS.</p> <p>One claiming to be named in a will as a devisee has a right to maintain an action to establish such claim at any time before final distribution, regardless of the statute of limitations.</p> <p>SAME-DEPOSITIONS-POWER OF COURT TO ISSUE COMMISSIONS.</p> <p>The superior court has power to issue a commission to take depositions of witnesses in a proceeding in probate pending before it, either under the provisions of Bal. Code, § 6017 (Pierce’s Code, § 979), authorizing testimony to be taken by deposition to be read in evidence in actions or proceedings pending in any court, or under Pierce’s Code, § 2333, which expressly authorizes a probate court to issue a commission to take the depositions of witnesses.</p> <p>SAME-DESIGNATION OF DEVISEE-DEFECTIVE DESCRIPTION.</p> <p>The intent of a testator to make a devise to the “Reformed Presbyterian Church of North America, General Synod”, although the will recited the devise as in favor of the “Board of Directors of the Society for Disabled Ministers of the Reformed Presbyterian Church of Illinois”, is evident from the fact that there was no such body in existence as the devisee named; that the testator was a member of the Reformed