Legal Opinion

Fulmer v. Gable

Washington Supreme Court

Decided June 3, 1913No. 11123PublishedCited by 9 opinions

Appeal from a judgment of the superior court for Pierce county, Clifford, J., entered February 7, 1913, dismissing an action to restrain an executor’s sale, upon sustaining a demurrer to the complaint.

1Opinion of the CourtChadwick, J.

The question is presented whether an executor under a nonintervention will can sell and convey real property without an order of the probate court, or without invoking the jurisdiction of a court of equity.

U. M. Gable died testate, leaving a will in which it is provided that his executor, “shall pay all my just debts and funeral expenses, and that the balance or residue of my property be disposed of as hereinbefore provided.” Provision is also made for the “support, maintenance and education of a minor son until he shall arrive at the age of twenty-one years . . . in addition to the amount to…

2Cases cited5 opinions

  1. Guye v. GuyeWashington Supreme Court · 1911
  2. Ralph v. LomerWashington Supreme Court · 1891
  3. Newport v. NewportWashington Supreme Court · 1892
  4. Martin v. MooreWashington Supreme Court · 1908
  5. English-McCaffery Logging Co. v. CloweWashington Supreme Court · 1902

3Cited by9 opinions

  1. Bayer v. BayerWashington Supreme Court · 1915
  2. In Re Megrath's EstateWashington Supreme Court · 1927
  3. In Re McGovern's EstateMontana Supreme Court · 1926
  4. Estate of Cornett v. WestWashington Supreme Court · 1918
  5. In Re Krueger's EstateWashington Supreme Court · 1934

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