State ex rel. Speckart v. Superior Court

Citations

• 48 Wash. 141
• 92 P. 942
• 1907 Wash. LEXIS 875

Syllabus

<p>Certiorari — Adequacy of Remedy by Appeal. There is no adequate remedy by appeal, and certiorari lies, where an administrator with the will annexed has been authorized to pay out $500 per month to the widow of the deceased, and during six months has paid out over $3,500 in costs of administration and other larger sums for other purposes.</p> <p>Executors and Administrators — Administration —■ Necessity. There is no justification for administration with the will annexed, in this state, thirteen years after the death of the testator, where he died in a sister state, and the widow was appointed executrix in that state, notice to creditors was duty given there, her accounts approved, and nothing remained to be done there except to distribute the estate according to the law of that state vesting the same in the devisees.</p> <p>Same — Allowance to Widow. An allowance to a widow for support pending administration cannot be granted thirteen years after the death of the testator, after ample allowances in another state under proceedings which were not closed up by final distribution owing to the neglect of the widow.</p>