Washington Reports Volume 87

Washington Reports Volume 87

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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. 1916 edition. Excerpt: ...EVIDENCE. Failure to present claims against an estate in Montana within the statutory period, which is one year after the first publication of notice, cannot be asserted as a bar, in the absence of proof of the giving of notice to creditors. Appeal from a judgment of the superior court for Yakima county, Preble, J., entered July 1, 1913, upon findings in favor of the defendants, in an action by an administrator to subject an equitable interest in real property to the claims of creditors, tried to the court. Reversed. Wende 3; Taylor and E. B. Velikanje, for appellant. H. J. Snively, for respondents. MAIN, J.--This action was brought by the plaintiff, as administrator de bonis non of the estate of A. W. Burnett, deceased. The purpose of the action was to have the equitable interest in certain real estate situated in Yakima county, Sept. 1915 J Opinion Per MAIN, J. Washington, subjected to the claims of 'creditors of the estate. The principal defense was that the interest in the land sought to be reached for the benefit of creditors was the separate property of Mrs. Burnett, wife of the deceased. The cause was tried to the court without a jury. The trial judge was of the opinion that the evidence established the fact that the interest in the property was the separate property of Mrs. Burnett, and entered judgment accordingly. From this judgment, the plaintiff appeals. The facts are as follows: Some time during the year 1891, A. W. Burnett and Josie Burnett were united in marriage, which relation continued until the death of A. W. Burnett, which occurred on June 4, 1910. At the time of the marriage, and for some years subsequent thereto, Mr. Burnett was engaged in the butcher business at Anaconda, Montana. Some time during the year...
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Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • English
  • Illustrations, black and white
  • 123684937X
  • 9781236849373