State ex rel. Wood v. Superior Court

Citations

• 76 Wash. 27
• 135 P. 494
• 1913 Wash. LEXIS 1781

Syllabus

<p>Prohibition — When Lies — To Courts — Jurisdiction. Prohibition lies to prevent the superior court from proceeding with the contest of a will without having first acquired jurisdiction.</p> <p>Wills — Contest—Limitations—Jurisdiction. The superior court has no jurisdiction to hear and determine a will contest begun after the time limited by law for instituting the contest, either in probate or as a court of equity.</p> <p>Wills — Probate—Contests—Limitation. Where a will was admitted to probate July 12, 1911, the court has no jurisdiction to entertain a petition to probate a later will filed on July 13, 1912, as the same is not within time, under Rem. & Bal. Code, §§ 1307, 1309, requiring a will contest to be filed within one year after the probate of the will.</p> <p>Same — Computation oe Time — Judgment—Entry. Where the clerk’s minutes recite that a will was admitted to probate on July 12, 1911, and on that date the court signed an order admitting the will to probate and issued a certificate of probate, the will was admitted to probate on that day, although the order was not filed with the clerk until July 13; in view of Rem. & Bal. Code, § 1297, providing that, when a will is exhibited to be proven, the court may immediately receive proof and grant a certificate of probate.</p>