Seattle National Bank v. Dickinson

Citations

• 72 Wash. 403
• 130 P. 372
• 1913 Wash. LEXIS 1474

Syllabus

<p>Executors and Administrators — Claims—Presentation—“Date op Notice.” Where a notice to creditors, dated September 16, required creditors to present claims within one year after the “first publication” of the notice, which was September 17, and.was indorsed at the foot of the notice, the date of the notice is the date of its first publication, and it complies with Rem. & Bal. Code, § 1470, requiring presentation of claims within “one year after the date of such notice.”</p> <p>Same — Notice to Creditors — Order por Publication. Rem. & Bal. Code, § 1470, providing that notice to creditors shall be published as often as the court shall deem necessary, not less than once a week for four successive weeks, does not require an order of court as a condition precedent to the first publication, but an order approving the notice may be taken any time before final settlement.</p> <p>Same — Notice to Ceeditoes — Pbesentation. The act of going to the place of business of the executors, named in the notice to creditors, with intent to present a claim, is not a presentation of the claim, although the office was closed and the executor temporarily absent, in view of Bern. & Bal. Code, § 1474, requiring the executor to indorse his acceptance or rejection on the notice, and to notify the creditor, and § 1475, providing that it shall be filed in court.</p> <p>Same — Notice to Ceeditoes — Waived. An executor cannot waive the statute requiring claims to be presented, nor bind the estate by promising to pay an unpresented claim or by making payments thereon, in view of Bern. & Bal. Code, § 1472, providing that claims not presented within one year shall be barred, and § 1479, providing that no action shall be maintained thereon unless the claim shall have been first presented.</p> <p>Same— Contesting Claims — Estoppel. Executors who are sole devisees and legatees are not estopped to resist a claim that was not presented within one year, by their promise to pay it and the making of small