Smith v. Smith

Citations

• 15 Wash. 239
• 46 P. 249
• 1896 Wash. LEXIS 169

Syllabus

<p>WILLS — CONSTRUCTION — TRUSTEES — PROBATE JURISDICTION.</p> <p>Where trustees of the property of an estate, instead of executors, have been appointed by a will, the probate court has no jurisdiction of questions involving their management of the estate, but the same are triable in equity.</p> <p>A will devising and bequeathing to certain persons all the testator’s property, “ in trust, nevertheless, to and for the following uses and purposes,” etc., constitutes such persons trustees, though they may be denominated in the will as executors, especially when it appears from the will construed as an entirety, that such was the intent of the testator, inasmuch as a non-resident is named as one of the executors and certain trust property of the testator is included in the devise.</p>