Scott v. Mathews

Citations

• 25 Wash. 486
• 65 P. 756
• 1901 Wash. LEXIS 420

Syllabus

<p>Where an intestate died leaving children by two marriages and their mothers surviving him, and where one of the daughters under the first marriage filed a petition by an attorney in fact in the court charged with the distribution, of the estate denying both that her sister is a daughter or heir of the deceased, and that their mother is the widow of deceased, and also filed another petition by her attorney alleging that her sister is a legitimate daughter of deceased, and that since the birth of herself and sister her father and mother were duly divorced, and asking that the estate be distributed to herself and sister equally; and where a stipulation was filed in the cause agreeing to the distribution of the estate to the widow by the first marriage and to each of the children under the two marriages, such daughter is estopped from questioning the legitimacy of the children by the second marriage, though she may not have been a party to the stipulation, when she was represented in court and raised no objection thereto while the court and all the other parties were acting thereon for a period of nearly two years prior to the distribution by the court in accordance therewith.</p>