Sutton v. Osborne

Citations

• 31 Wash. 340
• 71 P. 1012
• 1903 Wash. LEXIS 632

Syllabus

<p>AI'PEALABLE ORDER-REFUSAL TO VACATE ORDER APPOINTING ADMINISTRATOR.</p> <p>The denial of a motion to vacate an order appointing an administrator is an appealable order, under Bal. Code, § 6500, subd. 6, which allows appeal from any order affecting a substantial right in a civil action which either in effect determines the action and prevents a final judgment therein, or discontinues the action.</p> <p>ADMINISTRATION OF DECEDENT’S ESTATE-PREFERENCE BIGHT OF HUSBAND -WAIVER.</p> <p>Where a surviving husband neglected for three years to apply for letters of administration upon the estate of his deceased wife, his preference right to appointment would not entitle him to the vacation of an order appointing another as administrator, when there is nothing showing the incompetency or unsuitability of the latter, since it is provided by § 6141, Bal. Code, that if one entitled to administer shall neglect for more than forty days after the death of the intestate to apply for letters of administration, then the court may appoint any suitable and competent person to administer such estate.</p>