Legal Opinion
Boyd v. Old National Bank
Court of Appeals of Washington
Decided May 21, 1971No. 258-3PublishedCited by 8 opinions
1Opinion of the CourtMunson, C.J.
The primary issue determinative of this appeal is whether the relation-back theory of CR 17(a) 1 may be used to retroactively toll the 4-month statute of limitations for bringing will contests (RCW 11.24.010) when a petition is brought by a non-interested party upon the advice of counsel and is subsequently sought to be amended to bring in the proper parties. We answer in the negative.
Richard Boyd, grandson of petitioner Sadie Boyd, died testate on January 19, 1969. The will was admitted to probate January 29, 1969. Within the statutory period petitioner sought to have the will set aside. The…
2Cases cited8 opinions
- Levinson v. DeupreeSupreme Court of the United States · 1953
- Richard v. SlateOregon Supreme Court · 1964
- Forehand v. HallSupreme Court of Missouri · 1962
- In Re O'brien's EstateWashington Supreme Court · 1942
- Hobbs v. Police Jury of Morehouse ParishDistrict Court, W.D. Louisiana · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kommavongsa v. HaskellWashington Supreme Court · 2003
- Kommavongsa v. HaskellWashington Supreme Court · 2003
- Rinke v. Johns-Manville Corp.Court of Appeals of Washington · 1987
- Fox v. SackmanCourt of Appeals of Washington · 1979
- In Re the Marriage of MorrisonCourt of Appeals of Washington · 1980
3 more not listed; retrieve them via the Exa API.