title:
John F Terry and J B Alexander, Jr, Plaintiffs, vs Harrison Clothier and J F Smith, as administrators of the estate of Jesse B Ball deceased, et al, defendants, Brief of Appellants.
title:
117
creator:
John F. Terry
creator:
J. B. Alexander
contributor:
Sinclair
contributor:
Waugh
contributor:
Payne
contributor:
Strudwick
contributor:
Peters
contributor:
Collins
date:
1890-10
publisher:
Washington State Supreme Court
type:
Civil
subject:
Estates
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, Skagit County.This was an action originally brought by Caroline Ball, personally, and as guardian of her infant children, together with J. F. Terry and J. B. Alexander, Jr., as co-plaintiffs, against Harrison Clothier and J. E. Smith, administrators of the estate of Jesse B. Ball, deceased, the husband of said Caroline, and J. E. Millett and Charles von Pressentin, as defendants, to set aside and vacate the sale of the land of said intestate, made under the order of the probate court by the said Clothier and Smith, administrators, as fraudulent and void. After said original complaint was filed, Caroline Ball directed that her name and that of her wards be dropped from the suit; whereupon the other plaintiffs, J. F. Terry and J. B. Alexander, filed an amended complaint, making Caroline Ball and her wards co-defendants with those previously joined. The amended complaint alleged that the attorneys of plaintiffs attended at the probate court, within the time limited by law for the purpose of putting on an increased bid of ten per cent., exclusive of expenses of a new sale, upon the price bid at the fraudulent sale of the land, and for the purpose of objecting to the confirmation of said sale, and were prevented from so doing by the probate judge purposely absenting himself from his office, to prevent such objection to the fraudulent sale being made; and that plaintiffs were able, ready and willing at the time last mentioned to pay said increased sum for said land. Demurrer to the amended complaint sustained, and plaintiffs electing to stand upon the complaint, the court gave judgment dismissing the action, from which judgment plaintiffs appeal.Decedent’s Estate – Setting Aside Sale – Parties – Objections to the confirmation of sale of a decedent’s real estate can be made only by parties interested in the estate.
relation:
Terry v. Clothier, 1 Wash. 475 (1890)
relation:
25 P. 673
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
