In re Cogswell's Estate, 26471.

• Decision Date: 12 March 1937
• Docket Number: 26471.
• Citation: 65 P.2d 1082,189 Wash. 433
• Court: Washington Supreme Court
• Parties: In re COGSWELL'S ESTATE. v. SLAYDEN. CLEMENS et al.

65 P.2d 1082

189 Wash. 433

In re COGSWELL'S ESTATE.

CLEMENS et al. v. SLAYDEN.

No. 26471.

Supreme Court of Washington

March 12, 1937

Department 2.

Appeal from Superior Court, Pierce County; F. G. Remann, Judge.

In the matter of the estate of Myron J. Cogswell, deceased. Proceedings by John Adam Clemens and others against Nellie P Slayden, seeking a construction of the will of the deceased and a decree of distribution in accordance therewith. The proceedings were dismissed, and petitioners appeal.

Affirmed.

Burns Poe, Thomas MacMahon, and Elizabeth Shackleford, all of Tacoma, for appellants.

Wayne W. Keyes, of Tacoma, for respondent.

ROBINSON Justice.

The nonintervention will of Myron J. Cogswell was admitted to probate in 1919. It devised to his wife, Frances R. Cogswell a life interest in his residuary estate, with power to sell under certain circumstances, and provided that, upon her death or remarriage, their daughter, Nellie P. Slayden, if then living should take a life estate, also with power to sell under certain circumstances; that upon Mrs Slayden's death leaving issue, the estate should go to such issue; but upon her death without issue, the estate should go to the appellants, who were the brothers and sisters of Mrs. Cogswell.

After the will was admitted to probate, Mrs. Cogswell qualified as executrix, an inventory and appraisal was filed, an order of solvency was entered, and the inheritance tax was paid.

Mrs Cogswell sold parcels of the real estate from time to time and, in 1933, filed a final report and petition for distribution, as permitted by Rem.Rev.Stat. § 1462. That section provided that a final decree of distribution may be entered in a nonintervention estate in order to afford the parties in interest an opportunity to establish record title. Jones v. Peabody, 182 Wash. 148, 45 P.2d 915, 100 A.L.R. 64. It is a reasonable inference that Mrs. Cogswell petitioned for a final decree in order to perfect the title of her vendees. Pursuant to this petition, a final decree was entered on July 14, 1933, providing that the property already sold should be set aside to Mrs. Cogswell and that the purchasers from her should receive the benefit of her title. As to the property remaining unsold, the decree provided: ' * * * the same is hereby definitely set over, awarded and decreed unto the said Frances R. Cogswell, under and in accordance with the will of Myron J. Cogswell, deceased.'

After the death of Mrs. Cogswell, Mrs Slayden brought an action against the appellants to quiet title to the estate. In this action a general demurrer was sustained and the cause dismissed.

The appellants then instituted this proceeding, seeking a construct- tion of the will and a decree of...