Washington Reports; Cases Determined in the Supreme Court of Washington Volume 99 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...8th day of September, 1893, as the date for proving the will. No one appearing on the date set for the proving of the will, the cause was continued from time to time until the 3d day of November, Jan. 1918 Opinion Per MAIN, J. 1893, when the court of its own motion dropped the matter from the calendar, to be taken up and disposed of at such time as the witnesses thereto should appear to prove it. The will was not admitted to probate until the 20th day of March, 1916. On the 26th day of May, 1902, Olaf S. Anderson executed a deed conveying the above-described property to the appellants in this action, who took possession of the same on the 26th day of May, 1902, and remained in possession until the 3d day of February, 1913, when they were dispossessed in the ejectment suit above referred to. If the complaint states a cause of action, it is by virtue of the allegations in three paragraphs thereof, which will be here quoted in full: "(7) That said Olaf S. Anderson had failed and neglected to proceed with and complete the administration of the estate of his said wife, and that the defendants F. G. Cookson, Emma Duby and Isabel Thornthwaite, although fully aware of the existence of the last will and testament of said Sarah F. Anderson, the filing of the same for probate and the proceedings had therein, designedly failed to prove up the last will and testament of said Sarah F. Anderson, ' and designedly failed to proceed with the administration of said estate, and designedly failed to make any claim to the estate of said Sarah F. Anderson until after the death of said Olaf S. Anderson, which occurred nine years after the demise of the testatrix, and until after the witnesses to said will had removed from the State of Washington, and until...