Smaltz Glove Co. v. Upton

Ralph R. Upton and his wife, Anna, residents of Seattle, sustained fatal injuries in an automobile accident in the state of Indiana; the husband died August 3, 1935, and the wife on the following day.

The husband left a will in which his wife was named as executrix. August 6, 1935, Charles Millar Upton, a son, filed his father’s will in the superior court of King county, accompanied by his petition, reciting the death of the testator and of the executrix named in the will, and requesting that he be appointed administrator with the will annexed of his father’s estate.

Notice that the application…