Washington Reports Volume 38
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...the administration of the estate had been properly set on foot by the probating of said will, and should continue until the estate is finally closed. The only effect that the failure to name the children in said will could have upon the proceedings would he to compel a determination thereof without regard to any extension provided for by the terms of the will, and a distribution that as to them should be uninfiuenced by any of the provisions thereof." That opinion clearly pointed out the efiect of the will in this case, and the procedure by which the respondent should assert her rights. The petition here should be treated to be such as is here designated. The whole estate is subject to the debts and expenses of administration. When these are paid, then the respondent is entitled to have her proportionate share of the estate set over to her, and the balance of the estate descends according to the terms of the will. We think the lower court erred in declaring the will void, and setting aside all the proceedings thereunder, but in all other respects the judgment was right. The cause with his opinion. Neither party to recover costs on this appeal. FULLERTON, Hanrnv, and Dumaaa, J J., concur. Runxm, Roor, and Grow, J J., took no part In the Matter of the Application of Tnomas CAMP for a Writ of H abeas C0rpu.s.1 MUNICIPAL Ooaroaanons---CONSTITUTIONAL Law--Pr: nou: ns--Rnaunarron--Paonmrrron or Pnnomno Wrrnm Rrsrarcrao Dm-rarcr. Under Bal. Code, 739, subd. 34, and city charter of Spokane, 59, subd. 6, conterring power upon the city to "regulate" peddlers, the city may prohibit peddling fruits, vegetables, butter, eggs, etc, within the tire limits of the city, where such limits are not so extensive as to effect a...
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