Schubach v. Redelsheimer

Citations

• 92 Wash. 124
• 158 P. 739
• 1916 Wash. LEXIS 1128

Syllabus

<p>Executors and Administrators — Claims—Presentation — Executors Under Nonintervention Will — Statutes. The presentation of a claim to the court is not a condition precedent to an action against executors under a nonintervention will, in view of Rem. & Bal. Code, § 1444, authorizing the settlement of such estates without the intervention of court except to admit the will to probate and determine the solvency of the estate; and this, notwithstanding the proviso to the section to the effect that all claims must be paid within one year after notice to creditors.</p> <p>Same. Rem. & Bal. Code, § 1487, providing that when an executor is a creditor, his claim must be presented to the court, has no application to estates settled without the intervention of court under a nonintervention will under Id., § 1444, as the two methods of settling estates are distinct, and the court has no jurisdiction of claims under the latter.</p>