31 Wash. 340 | Wash. | 1903
The opinion of the court was delivered by
— Rosetta D. Sutton died on the 21st day of September, 1899. Her husband, G. D. Sutton, and four children, none of whom were minors, survived her. The
Respondent urges that the order denying the motion to vacate is not an appealable one, on the alleged ground that it is an interlocutory order, and does not fall within any of the classes of appealable orders. AYe think the order
Appellant bases his claim of right to have the order of appointment vacated on the ground that he is the surviving husband, and as such, has the right of administration over all others, under the provisions of § 6141, Bal. Code. It will he observed by reference to said section that, if one entitled to administer shall neglect for more than forty days after the death of the intestate to present a petition for letters of administration, then the court may appoint any suitable and competent person to administer such estate. There is no statement of facts here showing the testimony heard by the court at the time respondent was appointed. It must therefore be presumed that the testimony was sufficient to show respondent to be a suitable and competent person to administer, and the order of appointment is tantamount to a finding to that effect. The statute gives the court the undoubted power to appoint any suitable and competent person if thosespeciaUy entitled to administer shall not present a petition within forty days after the decedent’s death. For nearly three years after the death of his wife, appellant neglected to petition
The judgment is affirmed.
Fullerton, O. J., and Mount, Dunbar and Anders, JJ., concur.