Legal Opinion · Dissent

Wynne v. Harvey

Washington Supreme Court

Decided December 15, 1919No. 15291Published

Appeal from an order of the superior court, for Stevens county, Hurn, J., entered December 13, 1918, denying the right to payment of a claim against the estate of a decedent, after a hearing upon objections to the final account of the administratrix.

1Dissent

Mackintosh, Bridges, and Fullerton, JJ.

(dissenting)—We cannot agree with the result announced by the majority of the court, for this reason: Section

1484, Rem. Code, reads as follows:

“When any judgment has been rendered against the testator or intestate in his lifetime, no execution shall issue thereon after his death, but it shall be presented to the executor or administrator as any other claim, but need not be supported by the affidavit of the claimant, and if justly due and unsatisfied, shall be paid in due .course of administration: Provided, however, that if it be a lien upon any property…

2Cases cited6 opinions

  1. Barto v. StewartWashington Supreme Court · 1899
  2. First Security & Loan Co. v. EnglehartWashington Supreme Court · 1919
  3. Crowe & Co. v. Adkinson Construction Co.Washington Supreme Court · 1912
  4. Meikle v. CloquetWashington Supreme Court · 1906
  5. Doyle v. McLeodWashington Supreme Court · 1892

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