McMillan v. Mau
Washington Supreme Court
Appeal from District Court, Fierce County. The facts are fully stated in the opinion. "Where the deceased was at the time of his death residing with his family on the premises, the probate court bad no discretion but to set aside the homestead. Code Wash. T., H 1460-1; Acts 1883, p. 44; Acts 1885-6, p. 170-1; In re Estate of James Ballentine, 45 Cal. 696; In re Estate-of Bridget Davis, 69 Cal. 458; In re Estate of II.
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Appeal from District Court, Fierce County. The facts are fully stated in the opinion. "Where the deceased was at the time of his death residing with his family on the premises, the probate court bad no discretion but to set aside the homestead. Code Wash. T., H 1460-1; Acts 1883, p. 44; Acts 1885-6, p. 170-1; In re Estate of James Ballentine, 45 Cal. 696; In re Estate-of Bridget Davis, 69 Cal. 458; In re Estate of II. S. Burton, 63 Cal. 36; In re Estate of W. H. Moore, 57 Cal. 437. Upon an application to set asideahome.stead, the probate court has no jurisdiction to determine the title, or…
1Opinion of the Court
The opinion of the court was delivered by
Scott, J.
Appellees move to dismiss the appeal herein for various reasons. The only one that seems to need •consideration is as to whether the notice of an appeal was sufficient.
It appears that the notice was given in open court within the time allowed by law, but at a subsequent term of the court. It does not appear that appellees were present, and they contend that notice should have been served upon them to appear, as the appeal notice was not given at the term of court when judgment was rendered. We do not think the point well taken, and hold that…
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- Locke v. CollinsWashington Supreme Court · 1953
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