In Re the Estate of Eagle

Main J.

(concurring in the result) — The majority opinion in this case appears to be rested principally upon the cases of In re Butler’s Estate, 129 Wash. 638, 225 Pac. 629, and In re Pompal’s Estate, 150 Wash. 242, 272 Pac. 980. Neither of those cases was called to our attention at the time the case was heard by the department, and we did not know of them until after the Departmental opinion was filed. Subsequently, the petition for rehearing was granted, in which both of those cases were cited.

I agree that those cases are controlling. However, if the question were an open one, I would be of…