IN RE WILLIAMS' ESTATE

No. 33574.

48 Wn.2d 313 (1956)

293 P.2d 392

In the Matter of the Estate of MARTHA WILLIAMS, Deceased. THE STATE OF WASHINGTON, on the Relation of H.M. WILLIAMS, Plaintiff, v. THE SUPERIOR COURT FOR WHITMAN COUNTY, John D. Evans, Judge, Respondent.

The Supreme Court of Washington, Department One.

February 9, 1956.


Attorney(s) appearing for the Case

Harvey Erickson and Frank R. Freeman (Henry Felton, of counsel), for relator.

Philip H. Faris and Don Sheahan, for respondent.


HAMLEY, C.J.

This is an application for a writ of prohibition to restrain the Honorable John D. Evans, as judge of the superior court for Whitman county, Washington, from functioning in a certain will contest proceeding in disregard of an affidavit of prejudice.

It is undisputed that, prior to the time the affidavit of prejudice was filed and called to Judge Evans' attention, he had granted an oral application by relator's counsel requesting that an out-of...

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