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IN RE ODMAN'S ESTATE

No. 34007.

49 Wn.2d 612 (1956)

304 P.2d 1044

In the Matter of the Estate of REUBEN J. ODMAN, Deceased. THE STATE OF WASHINGTON, on the Relation of Mark Litchman, Jr., et al., Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, George H. Revelle, Judge, Respondent.

The Supreme Court of Washington, Department Two.

December 13, 1956.

Attorney(s) appearing for the Case

Jones & Gray, for relator Marjorie Barbara Odman.

Mark M. Litchman, for relator Mark M. Litchman, Jr.

HILL, J.

Quaere: May the superior court refuse to appoint a surviving spouse as administrator of the community estate because (a) the surviving spouse, though mentally capable, labors under a serious physical handicap; (b) difficult problems will be presented in the determination of what is community and what is separate property; and (c) there exists a basis for controversy between the surviving spouse and a beneficiary...

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