Cowles v. Matthews

(dissenting) — I find myself unable to subscribe to the majority opinion. By the terms of his father’s will, the appellant succeeds to a one-third interest in a comparatively large estate. The respondent holds an unsatisfied judgment against the appellant and seeks, by supplementary proceedings, to subject this interest to payment of the appellant’s debt.

We have held, in Washington Trust Co. v. Blalock, 155 Wash. 510, 285 Pac. 449, that the interest of a judgment debtor in an estate may be subjected to the payment of his debts, subject, of course, to the rights of creditors and the orderly…