Stern v. Sill

Citations

• 39 Wash. 557
• 81 P. 1007
• 1905 Wash. LEXIS 900

Syllabus

<p>Executors and Administrators—Appointment—Applications in Different Counties—Jurisdiction—Abode of Decedent. Upon an application for the appointment of a general administrator, it sufficiently appears that the place of abode of the decedent, at the time of his death, was in the county of S, when several witnesses testified that they had known him as a resident of such county for from 26 to 40 'years, and that he owned farms and other property in that county, although he died while in a hospital in the county of K, and one witness testified that he said he resided in that county.</p> <p>Executors and Administrators—Jurisdiction—Administration in Different Counties—Abode c f Decedent at Time of Death. Upon the death of a resident of this state, exclusive jurisdiction to issue general letters of adminitsration rests in the superior court of the county of the decedent’s residence or place of abode at the time of his death, regardless of a prior appointment of a special administrator in the county in which he died.</p> <p>Same—Appointment—Rights op Next op Kin—Who May Raise Objections. One who is not next of kin cannot object to the appointment of a general administrator on the ground that the time has not expired during which the next of kin have a preference right to apply for letters upon the estate.</p> <p>Same—Application—Sufficiency. An application for letters of administration need not set forth the non-pendency of other applications.</p> <p>Same—Defects—Amendments! A defective application for letters of administration will be deemed amended to conform to the proof in the absence of a showing of prejudice.</p>