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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