Sandberg v. Denman

• Citation: 24 P.2d 452,174 Wash. 142
• Decision Date: 15 August 1933
• Docket Number: 24571.
• Parties: SANDBERG v. DENMAN.
• Court: United States State Supreme Court of Washington

24 P.2d 452

174 Wash. 142

SANDBERG v. DENMAN.

No. 24571.

Supreme Court of Washington

August 15, 1933

Department 2.

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

Action by Mathilda Sandberg against A. H. Denman, administrator de bonis non of the estate of Peter Sandberg, deceased. From judgment of dismissal, plaintiff appeals.

Affirmed.

Guy E Kelly, of Tacoma, and Arthur H. Hutchinson, of Seattle, for appellant.

G. P Fishburne, of Tacoma, for respondent.

MAIN Justice.

This action is based upon a promissory note. The cause came on for trial Before the court without a jury, and at the conclusion of the plaintiff's evidence the defendant challenged the sufficiency thereof to sustain a recovery and moved for a dismissal. This motion was sustained, and from the judgment dismissing the action the plaintiff appeals.

The facts which will present the controlling question may be summarized as follows: April 15, 1931, Peter Sandberg died leaving a last will and testament in which, after minor bequests, he devised and bequeathed everything to his daughter Esther Sheldon, who was named as executrix without bond. The will, however, did not provide that she should have power to administer the estate without the intervention of the court. The will was duly admitted to probate, letters testamentary were issued to Mrs. Sheldon and she entered upon the administration of the estate. June 4, 1932, she executed a notice, as executrix, in the sum of $10,000, payable to Mathilda Sandberg, her mother, the appellant, which recited that it was in full payment of the mother's claim to a community interest of one-half of the estate of Peter Sandberg, from whom the appellant was divorced October 16, 1924, July 15, 1932, Mrs. Sheldon was removed as executrix by order of the court, and A. H. Denman was appointed administrator with the will annexed. November 25, 1932, Mrs. Sheldon died.

This action, it must be kept in mind, is against the estate of Peter Sandberg, deceased, and not against the estate of Mrs Sheldon. Prior to the time that the note was signed, the executrix had obtained no order from the probate court authorizing her to execute the note, and subsequent to its execution no order was entered by the court approving the same. An administrator or executor as such has no inherent authority to borrow money or impose any liability upon the estate by making, drawing, accepting, or indorsing...