Legal Opinion

Fidelity National Bank v. Cunningham

Washington Supreme Court

Decided January 4, 1917No. 13319PublishedCited by 4 opinions

Appeal from a judgment of the superior court for Adams county, Linn, J., entered November 1, 1915, upon findings in favor of the executor, in proceedings by a creditor to subject property to administration.

1Opinion of the Court

Morris, C. J. —

Appellant, as a creditor of the estate of Rebecca Cunningham, brought this proceeding to compel the executor to inventory certain property as community property in order to satisfy appellant’s claim as a community *192debt, the basis of the petition being that the property was acquired during coverture and was community property, rather than the separate property of the deceased as claimed by the executor. Issues were framed as to the character of the property, and the lower court finding the same to be the separate estate of the deceased, this appeal was taken.

The character of the…

2Cases cited4 opinions

  1. St. John v. LoflandNorth Dakota Supreme Court · 1895
  2. O'Connor v. SlatterWashington Supreme Court · 1908
  3. O'Connor v. SlatterWashington Supreme Court · 1907
  4. Nicholson v. KilburyWashington Supreme Court · 1914

3Cited by4 opinions

  1. McFarland v. Department of Labor & IndustriesWashington Supreme Court · 1936
  2. Denis v. MetzenbaumWashington Supreme Court · 1923
  3. Brucker v. De HartWashington Supreme Court · 1919
  4. Mower v. MowerUtah Supreme Court · 1924

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