190 F. 499 | 9th Cir. | 1911
(after stating the facts as above).
“If the final account of the administrator should he approved as rendered, the cost of administration will approximate $20,000. By reason of its pend-ency the relator is deprived of the use and enjoyment of her portion of the estate for an indefinite period, and is compelled to contribute $6,000 or $7,000 towards the expenses of what is at best an idle ceremony. Against such a proceeding under the forms of law, we think she has ample grounds to complain.” State ex rel. Speckart v. Superior Court, 48 Wash. 141, 92 Pac. 942.
Before the date of that decision, and on March 29, 1907, the appellant’s counsel wrote to the attorney for Mrs. Speckart, saying:
“For almost one year we have been endeavoring without litigation to procure for Miss Speckart her interest in what your people have been pleased to term .her father’s estate. * * * If you desire to confer with us here either Monday or Tuesday of next week, please notify me upon the receipt of this letter. Otherwise I am authorized to state that action will be instituted without any further delay by her to obtain what we believe to be her interest in the estate, which has been used by Mr. Schmidt for more than 14 years.”
Nothing seems to have been done in response to this demand. Six months later the appellant filed her bill in equity for an accounting. The weight of the evidence indicates that up to the spring of 1906 she was never informed of her rights under her father’s will, but that she supposed that all the property had been left to her mother during her lifetime, and that, upon her mother’s death, the children would come into a share of the estate. There is evidence of disinterested witnesses that the mother made in the appellant’s presence statements to that efifect. On the other hand, there is evidence of other disinterested witnesses that on at least two occasions Mrs. 'Speckart made statements in the' presence of the appellant indicating that the latter on coming of age would come into a large property. Those statements, however, in view of the language used, may in the main be harmonized with the appellant’s understanding that she' was not to come into her property until her mother’s death, and that her mother had a life estate in all the property left by her father. It is probable that information as to the appellant’s property rights was withheld from her by the mother, for in her own testimony it appears that she feared that, if it were known that her daughter at 18 years of age would come into a large estate, she might become, the object of the pursuit of fortune hunters. The evidence clearly indicates, also, that after the appellant had demanded an accounting her mother was reluctant to give it, and reluctant to relinquish the daughter’s share in the estate. Actuated by motives which can easily be understood, and, indeed, commended, the appellant’s mother and uncle evidently felt justified from
The decree is reversed, and the cause is remanded to the court below to find the account, and render a final decree not inconsistent with the views herein expressed.