# In Re Leuthold's Estate

> Washington Supreme Court · May 2, 1958 · 52 Wash. 2d 299

URL: https://www.frixlaw.com/law-library/cases/9885717

## Case

- **Full name:** In the Matter of the Estate of Grace H. Leuthold, Deceased. the State of Washington, Appellant, v. Walter M. Leuthold Et Al., as Executors, Respondents
- **Court:** Washington Supreme Court
- **Decided:** May 2, 1958
- **Citations:** 52 Wash. 2d 299; 324 P.2d 1103; 1958 Wash. LEXIS 368
- **Precedential status:** Published
- **Opinion:** Concurring in part by Foster
- **Judges:** Donworth
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9885717

## Opinion text

Foster, J.
(concurring in the dissent) — I concur in the views of Chief Justice Hill. The construction placed upon this statute by In re Knight’s Estate, 31 Wn. (2d) 813, 199 P. (2d) 89 , became as much a part of the statute as if the words had been added by legislative enactment. Winters v. New York, 333 U. S. 507 , 92 L. Ed. 840 , 68 S. Ct. 665 . Subsequent change is exclusively a legislative prerogative. After the legislature has four times rejected proposals to overturn the rule of the Knight case, the court should not now do so. My reasons for this conclusion are stated in detail in Windust v. Department of Labor & Industries, ante p. 33, 323 P. (2d) 241 .
July 3, 1958. Petition for rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9885717. Public record. Not legal advice.