Vanhorn v. Nestoss

Citations

• 99 Wash. 328
• 169 P. 807

Syllabus

<p>Guardian and Ward—Appointment—Condition Precedent—Bond. The giving of a bond is a condition precedent to the appointment of a guardian, in view of Rem. Code, §§ 1632, 1633, 1395 and 1449, requiring a bond of guardians, executors and administrators, and providing that the provisions relating to executors shall be applicable to guardians.</p> <p>Same—Sale—Sales by Guardian — Validity — Failure to Give Bond. A guardian’s sale of real estate is void where the guardian failed to give a bond as a condition precedent to his appointment, as the same is a jurisdictional defect.</p> <p>Same. The invalidity of a guardian’s sale by reason of the failure of the guardian to give a bond is not a defect that is cured by Rem. Code, § 1693, providing that the sale shall not be avoided by reason of any “irregularity,” as it is a jurisdictional defect, the statute providing that the giving of an additional bond when required is jurisdictional.</p> <p>Same—Sale—Action to Set Aside. An action specifically attacking a guardian’s sale as illegal and void because the court was without jurisdiction to order the sale, the guardian having failed to give any bond, is a proper attack upon the sale and confirmation thereof, and it is immaterial whether it constituted a direct or collateral attack.</p> <p>Same—Sale—Validity—Notice. A purchaser at a guardian’s sale of real estate is charged with notice of the fact that the guardian had failed to give any bond.</p> <p>Same—Sale — Defects — Statutes — Retroactive Effect. The probate code, Laws 1917, p. 704, § 215, providing that no guardian’s sale shall be void or set aside because of any irregularity and that the confirmation shall be conclusive as to the legality of the sale, is not to be given a retroactive effect so as to cure jurisdictional defects in a sale made prior to the passage of the act; and §§ 222 and 223 of the act relating to past and future sales clearly indicating that it is not to be given such retroactive effect.</p>