In Re Torstensen's Estate

1 Reported in 184 P.2d 255. SIMPSON and MILLARD, JJ., dissent in part. After the En Banc hearing of this cause on June 18, 1947, an opinion was prepared by Mr. Justice Simpson which failed to secure the approval of the majority of the eight judges who heard the argument, but, as is clearly indicated by the record, solely because of a paragraph therein which expressly overruled a former decision of this court in the case of In re Denison's Estate,23 Wn.2d 699, 162 P.2d 245.

The case has been reassigned to me by the chief justice for the preparation of another opinion. Upon a consideration of…