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· 3/9/1909

State ex rel. Mann v. Superior Court

Citations

  • 52 Wash. 149
  • 100 P. 198
  • 1909 Wash. LEXIS 1088

Syllabus

<p>Executors and Administrators — Wills—Probate—Order—Entry — Inadvertence. Inadvertence in failing to enter an order of probate of record is not a valid objection to administration based on the probate of the will.</p> <p>Executors and Administrators — Nonresident Decedents — Necessity of Administration. Upon the death of a nonresident, leaving real property in this state, there is the same necessity for administration in this state as in the case of resident decedents, regardless of proceedings in another state, as they are of no effect in this state for any purpose.</p> <p>Same — Probate of Foreign Will — Debts. Upon the probate of a foreign will, the absence of debts can only be established by notice to creditors.</p> <p>Same — Right to Administer — Discretion. The right to administer upon an estate is statutory, with no discretion in the court where proper application is made.</p>

Judges: Rudkin

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