IN RE McGILL'S ESTATE

No. 33733.

49 Wn.2d 242 (1956)

299 P.2d 847

In the Matter of the Estates of HARRY McGILL et al., Deceased. THE STATE OF WASHINGTON, on the Relation of Violet McGill, Plaintiff, v. THE SUPERIOR COURT FOR KITSAP COUNTY, H.G. Sutton, Judge, Respondent.

The Supreme Court of Washington, Department One.

July 13, 1956.


Attorney(s) appearing for the Case

Allen, DeGarmo & Leedy and Stuart G. Oles, for relator.

Greenwood & Shiers and Robert G. Presser, for respondent.


MALLERY, J.

The relator is the surviving spouse of Harry McGill, who died March 2, 1956, leaving an estate in Kitsap county. Besides the relator, the decedent is survived by his daughter, by a former marriage, and her three children.

His last will, made prior to his last marriage, was declared void under RCW 11.12.050 [cf. Rem. Rev. Stat., § 1399], as it naturally did not mention the relator therein, and, accordingly, Walter Eddy's erroneous appointment...

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