110 Wash. 635 | Wash. | 1920
About April 1, 1918, Anna Thompson died intestate, near Ritzville, in Adams county, Washington. Her husband, Richard N. Thompson, and nine children survived her. Most of the property involved was community property. Richard N. Thompson was appointed administrator of the estate. The notice to creditors required claims to be served on the administrator and filed in the office of the clerk of the county within six months after August 15, 1918. The administrator filed his inventory and appraisement, showing the value of the real and personal property of the estate to be $26,541. The state tax commissioner took exceptions to the appraisement and a hearing was had, resulting in some minor alterations. During the course of administration, a portion of the personal property was sold for $7,615. None of the real estate was disposed of. On May 7, 1919, the administrator filed his final account and petition for distribution, wherein the property of the estate was described and the heirs named. This report shows that the following claims had been filed and allowed:
Esther C. Haight.........................$ 283.00
Dr. F. R. Burroughs...................... .355.00
First National Bank of Ritzville........... 15,386.00
J. S. Travis...................... 330.00
Francis Tinnell.......................... 481.85
Mary A. Burnham........................ 2,323.00
Mary M. Stevens......................... 3,888.00
Henry Kaufman......................... 521.10
Total................................$23,243.45
On the 2d day of June, 1919, the court made a decree approving the final report and distributing the remaining estate. This decree adjudges that all of the claims heretofore mentioned “have been filed and allowed” and that they have been fully paid, and that, in order so to do, Thompson has advanced from his individual estate $15,703.45. The decree then proceeds to distribute the property among the various heirs, “subject, however, to the lien, charge and claim of Richard N. Thompson for the sum of $17,382.45 for moneys advanced and expenses paid for and on behalf of said estate by said administrator, which said sum is hereby specifically decreed to he a charge and lien upon and against each and all of the property herein described, both real and personal, in the same proportion as is the said property hereby distributed.”
Myrtle V. Edgington, a minor, acting through her guardian, • and Belva Gillette, two of the heirs, have appealed.
We do not think the appellant Belva Gillette has any such interest in the estate as would entitle her to maintain this appeal. She had completely disposed of her interest in the estate and was no longer an heir and could not legally be interested in the probate matter. Her contract with Thompson provided for the compensation she should receive. It was a private matter and the probate court was neither bound nor entitled to in any manner consider it. Her remedy is solely on her contract.
However, the appeal of Myrtle V. Edgington, the minor, presents questions of moment. Her chief objections to the final decree, from which she has appealed, are that the court allowed the administrator to take credit for having paid a number of claims which were never filed or allowed as required by law, and that the court was not authorized to impose a lien in favor of Thompson against the property distributed to her.
The date of the first publication of this notice was August 15, 1918. The time for filing claims would expire on February 15, 1919. From the record it would appear that the claim of Henry Kaufman for $500 and interest was presented to the administrator and filed with the clerk of the court within the statutory period, and was duly allowed by the administrator and the court. The claim of Mary A. Burnham for $2,323.25, and that of Mary M. Stevens for $3,888, were allowed by the court and the administrator within the statutory period, hut the record fails to show when those claims were filed. Both of these claims were allowed by the court and the administrator on November 2,1918, well within the six months’ period, and the record being silent as to when the claims were actually filed, we must presume that they were filed prior to their allowance by the court and administrator, and therefore filed within the six months’ period.
The claims of Francis Tinnell, J. S. Travis, and First National Bank, aggregating $16,197.85, were served upon and allowed by the administrator within the six months’ period, hut all of them were filed with the clerk on May 8, 1919, being nearly three months after the statutory period of six months had expired. It is argued that these last named claims were not allowed by the court, hut we think the order approving
The old probate code provided that claims shall be presented within one year to the executor or administrator, and if not so presented they shall be barred. Construing that provision of the code, this court has a number of times held that claims not presented to the administrator within the statutory period could not be allowed or paid, and that the executor or administrator could not waive this requirement of the code. Ward v. Magaha, 71 Wash. 679, 129 Pac. 395; Seattle Nat. Bank v. Dickinson, 72 Wash. 403, 130 Pac. 372; Bank of Montreal v. Buchanan, 32 Wash. 480, 73 Pac. 482; Empson v. Fortune, 102 Wash. 16, 172 Pac. 873; Harvey v. Pocock, 92 Wash. 625, 159 Pac. 771. These cases are exactly in point on the question under discussion. The presentation of the claims in dispute here was probably sufficient under the old probate code, because that code did not require the claims to be filed within any definite period. The purpose of the new code, in requiring claims to be filed with the county
The claims of Esther C. Haight for $283, and P. E. Burroughs for $355, are in even a worse plight. The record fails to show either of these claims. They have never been filed. The only mention of them is first in the final report, where they are listed with the other claims and where it is said that they, together with the others, have been paid, and next in the order approving the final report, where they are likewise listed with the other claims, and the court finds that they, together with the other claims, have been filed, allowed and paid. It requires no argument
We hold that the administrator was entitled to take credit for having paid the claims of Mary A. Burnham for $2,323, Mary M. Stevens for $3,888.00, and Henry Kaufman for $521.10, and that he cannot, as against the appellant Myrtle V. Edgington, take credit for having paid any of the other claims. Unquestionably the administrator has acted in the utmost good faith, and the conclusion to which we have come may result in a hardship to him, but we must declare the law as we find it. The result of our holding, in so far as the appellant Myrtle V. Edgington is concerned, is that the only valid claims against the estate amount to a total of $6,742.10. As to that appellant, the administrator has proceeds of the estate in his hands in the sum of $7,865. These proceeds may be considered as having discharged the duly allowed and proven claims, thus leaving in the hands of the administrator, so far as this minor appellant is concerned, cash in the sum of $1,122.90. The expenses of administration amount to $1,679.00, for which she is liable for one-eighteenth, or $93.25. This would leave a balance in the hands of the administrator, so far as the appellant Myrtle V. Edgington is concerned, of $1,029.65, and she would be entitled to be paid one-eighteenth part of that sum, or $57.20. That portion of the decree of the lower court establishing a lien against the property distributed is, of course, binding against those who have not appealed, and is binding against the appellant Belva Gillette because we have determined she is not in position to raise the question, but it is not binding as against the property distributed to the appellant Myrtle V. Edgington, for two reasons: first, because, under our ruling here, that portion of the estate represented by her is not indebted to Thompson; and sec
Holcomb, C. J., Fullerton, Tolman, and Mount, JJ., concur.