In re the Estate of Nilson
In re the Estate of Nilson
Opinion of the Court
This is an appeal from an order of the superior court dismissing a petition to vacate the final
There is no charge in the petition of fraud, wrongdoing, or overreaching. The purpose of the petition was to have a vacation of the decree of distribution in order that the petitioner might make a claim that a homestead be set apart to her out of the community real property. She alleges, as a reason for not making the claim prior to the distribution of the estate, her unfamiliarity with the English language and ignorance of her rights.
In § 163 of the probate code (Laws of 1917> ch. 156, p. 689), it is provided that the decree of final settlement and distribution entered in an estate matter “shall be final and conclusive as to all the world.”
The judgment will be affirmed.
Holcomb, C. J., Mackintosh, Parker, and Mitchell, JJ., concur.
Reference
- Full Case Name
- In the Matter of the Estate of Anders Nilson
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Executors and Administrators (169)—Decree—Conclusiveness —Widow’s Ignorance oe Rights. Under Laws of 1917, p. 689, § 163, providing that a decree of final distribution shall be final and conclusive as to all the world, a widow is not entitled to have a decree set aside to enable her to make a claim for a homestead, on the ground that she was ignorant of English and of her rights, in the absence of a showing of fraud or grounds for the • vacation of a judgment as required by Rem. Code, §§ 464-473.