258 P. 857 | Wash. | 1927
This is a controversy over who shall be appointed administrator with the will annexed of the estate of Walter Erickson, deceased. *100
Erickson died in Spokane February 25, 1927, leaving no heirs or relatives in the state of Washington or in the United States. Doctor Charles O. Linder of Spokane, as a creditor, applied for and was appointed temporary administrator of the estate. Later, a will was found which devised and bequeathed all the property of the deceased to Nels Olaf Johnson, residing in Sweden, and named John Strandberg of Spokane as executor. Strandberg had died many years before. Doctor Linder then, as principal creditor, filed an amended petition setting forth the discovery of the will and petitioned for his appointment as administrator with the will annexed. A petition was filed by Eric Brattstrom, as Swedish Vice Consul at Seattle, asking the appointment of Clyde Johnson. Upon the hearing, the court entered a judgment appointing Johnson, and Doctor Linder appeals.
[1] The sole question involved is whether the statute (Rem. Comp. Stat., § 1431) [P.C. § 9947], gives the absolute right to Doctor Linder as a creditor to be appointed or reposes in the court a discretion. In Larson v. Stewart,
Whether the meaning of § 1431, supra, as to the rights of creditors, has been enlarged by the amendment appearing in ch. 76, Laws of 1927, p. 58, Rem. 1927 Sup., § 1397, is a question not involved in the present action, and no opinion is expressed thereon.
The judgment will be affirmed.
MACKINTOSH, C.J., MITCHELL, FULLERTON, and FRENCH, JJ., concur.