Devereaux v. Anderson
| Decision Date | 27 February 1928 |
| Docket Number | 20878. |
| Citation | 264 P. 422,146 Wash. 657 |
| Parties | DEVEREAUX v. ANDERSON et al. |
| Court | Washington Supreme Court |
Department 1.
Appeal from Superior Court, Pierce County; Card, Judge.
Action by Joseph Devereaux, administrator of the estate of Lillian Devereaux, against Josie Anderson and others. Judgment for plaintiff, and defendants appeal. Affirmed.
John E Belcher, of Tacoma, for appellants.
J Chas. Dennis, of Tacoma, for respondent.
Joseph Devereaux and Lillian Devereaux were husband and wife for 10 years and until her death on April 5, 1927, in Pierce county Wash. During that time they acquired the personal property involved in this controversy. On April 22, 1927, he was appointed and qualified as administrator of her estate. Shortly thereafter as administrator he brought this action against defendants Josie Anderson, Ruth Varco, and Eva Tallant to recover possession of certain personal property alleged to belong to the estate which they held and refused to deliver upon his demand. They answered that after Mrs. Devereaux's death and before plaintiff was appointed administrator he (Joseph Devereaux), being the only heir at law of the deceased, gave the personal property to Josie Anderson, and that they (the defendants) held the property in pursuance of that gift. Upon the trial findings of fact, conclusions of law, and judgment were entered for the plaintiff. The defendants have appealed.
As we understand, the appellants contend that the husband, there being no child, 'immediately upon the death of his wife was vested with the title to all the community real and personal property, subject only to the payment of the community debts,' and that he had the right to give the personal property to the appellants. He denied making the gift, and the court made no finding with reference thereto. Appellants are in error as to the vesting of title to personal property upon the death of the owner. It descends to the executor or administrator for the payment of expenses, debts, legacies, and for distribution of the residue. In this case the personal property involved is of the value of $500, which is all that is left to meet acknowledged debts against the estate in the sum of $619. The creditors have a right over any heir to the property, and the court was right in ordering it delivered to the administrator to be used for that purpose under the directions of the court.
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...of the decedent's estate for the payment of "expenses, debts, legacies and for distribution of the residue." Devereaux v. Anderson, 146 Wash. 657, 658, 264 P. 422 (1928). In the present case, the cashier's check represented the proceeds from the sale of the home, the title to which vested i......
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