In re Spark's Estate

• Decision Date: 26 April 1918
• Docket Number: 14441.
• Citation: 172 P. 545,101 Wash. 462
• Court: Washington Supreme Court
• Parties: In re SPARK'S ESTATE. v. GRIDLEY. SUGG et al.

172 P. 545

101 Wash. 462

In re SPARK'S ESTATE.

SUGG et al. v. GRIDLEY.

No. 14441.

Supreme Court of Washington

April 26, 1918

Department 2. Appeal from Superior Court, Clarke County; R. H. Back Judge.

Proceedings in the matter of the estate of Edna R. Spark, deceased concerning the claim of C. C. Gridley. From an order of the superior court in probate, directing the payment of the claim, R. C. Sugg, administrator, and others appeal. Affirmed.

R. C Sugg, of Vancouver, and W. L. Cooper, of Portland, Or., for appellants.

MOUNT J.

This appeal is from an order of the superior court in probate, directing an administrator to pay a claim of the respondent for $300 and interest as a preferred claim against the estate of Edna R. Spark, deceased.

The facts are stipulated. It appears therefrom that Edna R. Spark owned three-sevenths of her father's estate, having acquired one-seventh thereof under a will and two-sevenths by purchase from other heirs. Edna R. Spark was executrix under her father's will. During her lifetime she executed for value a note to the respondent for $300 and interest. This note was secured by a mortgage upon her distributive share of her father's estate. Before the note was paid and the mortgage satisfied she died. R. C. Sugg was thereupon appointed administrator de bonis non of her father's estate and administrator of her estate. Her estate consisted of the distributive three-sevenths share of her father's estate. Mr. Gridley filed no claim with the administrator of the estate of Edna R. Spark, relying of course upon his mortgage. When the original estate was ready to be distributed the administrator promised Mr. Gridley that if he would permit the estate to be sold his mortgage would be first paid out of the proceeds of the sale. He agreed to this before the time expired for filing claims against the estate; and afterwards an order of the superior court was made, permitting the estate to be sold. It was sold for $2,500, $500 of which was paid in cash, and a first mortgage was given to the administrator for $2,000. The agreed facts do not state that Mr. Gridley released his mortgage of record, but we assume this was done because it is agreed that the purchaser gave back upon the sale a first mortgage for $2,000. After the sale Mr. Gridley demanded payment of his note and mortgage as he had been promised by the administrator. All the interested parties were thereupon brought...