of line 5 and the first of line 6 of said section, and insert the words "occasioned by his neglect." We would also insert a clause making it the duty of administrators and executors to maintain fire insurance on the property of the estate.

Sec. 146. We recommend that all the remaining portion of Section 146 following the word "represents," in line 5 be stricken, and the following inserted: "provided that the executor or administrator may make application to the court for permission to purchase certain claims, and, if it appears to the court to be for the benefit of the estate that such purchase shall be made, the court may make an order allowing such claims, and directing that the same may be purchased by the executor or administrator under such terms as the court shall order, and such claims shall thereafter be paid as are other claims."

Sec. 149. To Section 149, the following should be added: "Provided that no such settlement shall be in any manner conclusive against an interested party unless such interested party has had written notice of the time of the hearing of such report."

Sec. 151. We favor the giving to devisees and known heirs notice other than by publication of the time and place fixed for the hearing of final account.

Sec. 152. Strike all of line 23 in Section 152, after the word “law,” and insert the following: "and direct the executor or administrator to deliver to the distributees their portions according to the provision of such decree, and to make return of his proceedings to the court, showing receipt by such distributees of their portions of the estate. Upon such return being made, the court shall, if satisfied of the correctness thereof, adjudge the estate closed, and discharge the executor or administrator."

Sec. 155. In line 11 of Section 155, strike the words "which are," and insert "for the foreclosure of any."

Sec. 156. Strike all of this section.

Section 158 provides for the payment for monuments or tomb stones "as expenses of administration are paid." We are inclined to the opinion that the expenses of administration are paid in preference to debts. Just why the tomb stone man should be so favored is not clear to us, and, for the purpose of learning why, we recommend that the following be added: "Provided, that before such expenditure shall be made, the court shall enter an order declaring the estate solvent."

Preceding the last sentence in Section 179, insert: "If the said minor, mentally incompetent or insane person shall, at the time of filing of said petition, be residing with the petitioner, then the notice herein provided for shall be served upon the prosecuting attorney of the county in which the petition is filed, and such prosecut

ing attorney shall be ex officio guardian ad litem for the purpose of hearing such petition."

The attention of the Association is called to the fact that, by Section 183, all judicial officers are classed with convicts and persons of unsound mind, and are disqualified from being the guardians of their own children. We cannot understand wherein a child would suffer more in having for its guardian its father than it would suffer in having its father appoint and direct a guardian. We therefore recommend that a proviso be added to Section 183, "providing that a judicial officer may be guardian for his own child or children, and that in such cases, such guardian shall be appointed by, and report to, some other judicial officer having jurisdiction of such matters."

In Section 187, line 13, after the second "do," should be inserted the words "when so cited."

We are not certain that Section 213 does not go too far in its provisions. It may be questioned whether a court could direct the sale or encumbering of any property which, under the general statutes, would be exempt from forced sale. There may also be a constitutional objection to this statute. We recommend that this section be so amended as to provide for service of notice and for a hearing in such matters, and provide further for the allowance of claims of exemption.

From Section 220, the last five words should be stricken.

As a protection and aid to construction, we recommend the addition of the following section: "The re-enactment herein in form and substance of any acts or parts of acts hereby repealed shall not be construed as new enactments, but as continuations and amendments of such repealed acts or parts of acts."

Amendment of Law.

Section 431, Rem. & Bal. Code, reads:

"When a trial by jury has been had, judgment shall be entered by the clerk immediately in conformity to the verdict, and a transcript of said judgment may be immediately filed in the office of the clerk of the superior court of any other county in the state in the manner provided by law: Provided, however, that if a motion for a new trial shall be filed, execution shall not be issued upon said judgment until said motion shall be determined; And provided, further, that the granting of a motion for a new trial shall immediately operate as the vacation and setting aside of said judgment." Section 435, Rem. & Bal. Code, reads:

"All judgments shall be entered by the clerk, subject to the direction of the court, in the journal, and shall specify clearly the

The Univant to be recovered, the relief granted, or other determination

Chicago

the action."

Section 402, Rem. & Bal. Code, reads:

Law School The Ficago

moving for a new trial must, within two days after

the verdict of a jury, if the action was tried by a jury, or two days after notice in writing of the decision of the court or referee, if the action was tried without a jury, file with the clerk, and serve upon the adverse party, his motion for a new trial, designating the grounds upon which it will be made. If the motion is made upon affidavits, the moving party must, within two days after serving the motion, or such further time as the court in which the action is pending, or the judge thereof may allow, file such affidavits with the clerk, and serve a copy thereof upon the adverse party, who shall have two days to file counter affidavits, or such further time as the court may allow, a copy of which must be served upon the moving party.”

Our supreme court has held, and, we conclude, correctly, that "judgments have no probationary period during which they are subject to change and modification by the court, such as judgment had during the term at common law. ... If the motion was filed after the judgment was entered, it came too late; if before, it was determined against the mover by the entry of the final judgment." Okazaki vs. Sussman, 37 Wash. Dec. 462.

We recommend that Section 431, supra, be amended to read: "When a trial by jury has been had, the verdict shall be entered immediately by the clerk in the journal, and, unless a motion for a new trial is filed within two days thereafter, judgment shall be rendered by the court in conformity with the verdict. Should such motion be filed and thereafter denied, judgment shall be rendered by the court in conformity with the verdict. A certified transcript of the journal entry may be filed in the office of the clerk of the superior court of any other county in the state, and such journal entry and the said transcript, when so filed, shall be a lien upon real estate in the same manner as provided by law concerning judgments."

Garnishments.

Our attention has been called to the fact that no provision is made in garnishment proceedings for notifying the defendant of such garnishment. We suggest that the statutes relative to such proceedings be amended to provide for notice to the defendant of garnishment proceedings in order that the defendant may claim the exemptions allowed by law. The attention of the Association is called to the recommendations made at the last meeting concerning attorneys' fees for garnishee defendants in justice court.

Proceedings Supplemental to Execution.

Section 629, Rem. & Bal. Code, provides for the allowing of costs to a judgment debtor where property is not discovered, and allowing an additional sum, not exceeding $25, and permits the court to direct the payment thereof by the judgment creditor within the time specified. We recommend that this statute be so amended as to allow

to the judgment debtor in such cases only the fees and mileage of necessary witnesses, and that this allowance be considered as a credit on the judgment.

Recording of Judgments, Etc.

In conformity with our recommendation concerning recording of judgments, orders, etc., in probate proceedings, we recommend that all verdicts, judgments and orders of the court required by law to be recorded shall be drafted on paper of uniform size and quality to enable the same to be placed in a binder or a permanent original record; that when presented to the clerk, he shall enter them in the proper record book, and be not required to copy them. This will necessitate an amendment to the law relative to the making up of judgment rolls. Certified copies of all records are proper for the purpose of evidence, so that the dispensing with the judgment roll will be no serious inconvenience. As a matter of fact, when papers in a judgment roll are wanted, for use, they are generally removed from the roll, so that thereafter there may be no complete roll.

We have attempted to report on the probate code as directed, with a few suggestions relative to procedure. We have not made a general survey of the laws with any idea of presenting a report of all desired amendments.

I had hoped to be able to attend the State Bar Association at Wenatchee, but it looks now as though it was going to be impossible for me to be there. If I can come I certainly will do so.

In the event I should not be there, I wish you would talk over with the President of the Association, and maybe some others, the following proposition: You will remember that Governor Hay appointed a commission for the purpose of revising certain of the statute laws of the State of Washington. I do not remember now the rames of all the commission, but Frank Post of Spokane, I think was one, Harold Preston and Dean Condon of Seattle, were members, and there were two members, I think, from Tacoma, and Mr. Hogan and myself from Aberdeen. This commission appointed sub-committees to take up various portions of the law, and the probate law

was assigned to Hogan and myself. I, with Mr. Hogan's assistance, drafted a complete probate law. This was turned over to the judiciary committee of the House of the last Legislature. Some slight amendments were made by that committee, and it was then introduced as a bill in the House, and I believe passed there, but died in the Senate.

I do not know whether the proposed bill is any good or not. I do know, however, that the probate law does need changing and that I put several months' hard work on this proposed bill, and I am inclined to the belief that it is at least some improvement over the present law, and personally I would like to see the matter presented properly to the next Legislature and become a law. If this idea meets with your approval and that of the President of the Association, I would suggest that the Bar Association appoint a committee to take this matter up before the Legislature; provided the committee is satisfied that the bill is a worthy one.

I would suggest also, that Dean Congdon be a member of that committee for the reason that he had previously given me a great deal of assistance, not only in drafting the bill, but in trying to get in through the Legislature at the last session.

It may be that you will consider this not worthy of attention, and if so, all right.

I hope there will be an excellent meeting of the Association.
Yours truly,

J. B. BRIDGES.

LETTER OF J. E. BURKEY.

August 1st, 1914.

Mr. C. Will Shaffer,

Secretary State Bar Association,

Wenatchee, Wash.

Dear Sir:

I received a copy of the proposed Probate Code, understanding that the same will be submitted for consideration at the State Bar: Association. As I do not expect to be there, I thought I would write you concerning some provisions or lack of provisions in the bill, which I should like to have called to the attention of the persons present, provided any action is taken on the bill. A number of these suggestions are made, because of experience we have had with the questions that are involved and in which we believed our present probate law insufficient and believe the proposed law is also insufficient.

With reference to Sections 18 and 19, the provision should be made for the filing of a cost bond by the party initiating a contest to reject or annul a will that has been admitted to probate, in the