Empire Lumber Company v. Washington Water

Sylvester Keeven appeals from a summary judgment dismissing his complaint against the estate of his deceased wife, Barbara, and granting relief on a counterclaim filed by the estate. We reject Mr. Keevens argument that the magistrate lacked jurisdiction to hear this case. We also reject his contention that the summary judgment order and an order consolidating this action with the proceeding for probate of the decedents will and administration of her estate should be reversed due to inadequate notice of the hearing on those motions. We do, however, vacate the summary judgment on one cause of action by which Mr. Keeven sought to recover against the estate on a theory of unjust enrichment for monies and labor he expended in building Barbaras house before they were married. We remand the case for further proceedings on that claim.