Drain v. Wilson
Washington Supreme Court
Appeal from a. judgment of the superior court for Whitman county, McCroskey, J., entered January 21, 1921, upon sustaining a demurrer to the complaint, dismissing proceedings in prohate to ascertain and fix the amount of fees of attorneys employed by the heirs of an estate.
1Opinion of the CourtMitchell, J.
The amended complaint is substantially as follows: That the defendants, William Wilson and Ed. Maguire, are executors of and residuary legatees under the will of Patrick Drain, who died on April 6, 1919; that the deceased was a bachelor and *35was not survived by father or mother, but by one sister, Maria Drain, nine nephews and nieces (names given), children of a deceased sister, Sarah Develin, and four other nephews (names given), children of a deceased sister, Nancy McErlain; that William Wilson was appointed by the superior court of Whitman county and qualified as administrator of the…
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