In re Larson's Estate, 25667.

• Decision Date: 08 October 1935
• Docket Number: 25667.
• Citation: 184 Wash. 75,49 P.2d 919
• Court: Washington Supreme Court
• Parties: In re LARSON'S ESTATE. v. HAVENS et al. STATE, by PEMBERTON, Sup'r of Inheritance Tax, etc.,

49 P.2d 919

184 Wash. 75

In re LARSON'S ESTATE.

STATE, by PEMBERTON, Sup'r of Inheritance Tax, etc., v. HAVENS et al.

No. 25667.

Supreme Court of Washington

October 8, 1935

Department 1.

Appeal from Superior Court, Thurston County; John M. Wilson, Judge.

Petition by the State of Washington, by William H. Pemberton Supervisor of Inheritance Tax and Escheat Division thereof for appointment of administrator of the estate of C. Larson deceased, opposed by Claud Havens and Lewis A. Nelson. From a judgment appointing Claud Havens administrator of the estate petitioner appeals.

Reversed and remanded, with directions.

William H. Pemberton, Lyle K. Summers, and John M. Boyle, Jr., all of Olympia, for appellant.

E. A. Philbrick and Harold P. Troy, both of Olympia, for respondents.

MITCHELL Justice.

This is a contest over the appointment of a general administrator of the estate of C. Larson, deceased.

William H. Pemberton, supervisor of the inheritance tax and escheat division of the state, filed a petition in the probate cause on January 15, 1935, for the appointment of himself as administrator. It is claimed on behalf of the petitioner that the petition was filed under section 1359, Rem. Rev. Stat., which provides that the state board of tax commissioners, or any member thereof, may apply for the appointment of an administrator where the deceased died possessed of property within the state, intestate and without known heirs. The petition contains such allegations. It was further alleged in the petition that Larson died intestate in, and a resident of, Thurston county, on October 23, 1934, leaving property consisting of an interest in the Olympia Building & Loan Association, Account No. 9032, now Federal 618, of the par value of $6,000. It was further alleged, upon information and belief, that the decedent died without heirs, and that under the statutes the entire property became the property of the state as an escheat.

An order was entered fixing a date for the hearing of the petition and directing notice to be given thereof, as required by law. Proper notice, it appears, was given, and due proof thereof filed in the cause.

Before the hearing, Claud Havens filed a petition for the appointment of himself as general administrator of the estate, alleging jurisdictional facts and that 'the decedent left estate in the approximate sum of $6,100.' He further alleged: '* * * that the decedent left a certain writing purporting to be a will leaving said estate in its entirety to Lewis A. Nelson of Seattle, Washington; that said will has never been offered for probate and is not now offered for probate; that aside from the provisions of said writing there are no heirs, or if any exist, the same are unknown to petitioner; that decedent left no other property of any kind or description except meager personal belongings; that the said Lewis A. Nelson has purported claims against the estate of decedent in the sum of seven hundred and thirty one (731) dollars; * * * that it is the desire and wish of the said Lewis A. Nelson as a creditor of said decedent that the petitioner be appointed administrator of said estate; that your petitioner is a resident of Thurston County, state of Washington, of legal age and a proper person to be appointed administrator of said estate.'

This petition was indorsed by Lewis A. Nelson, who alleged upon oath 'that he is a creditor of the estate, in the event he is not the sole beneficiary thereof,' and that he desires appointment of Havens as general administrator.

At the hearing, the two petitions were considered together, with the result that Havens, who was found to be a suitable disinterested...