In re Brown's Estate

• Decision Date: 02 October 1947
• Docket Number: 30290.
• Court: Washington Supreme Court
• Parties: In re BROWN'S ESTATE. In re BROWN'S GUARDIANSHIP.

185 P.2d 125

29 Wn.2d 20

In re BROWN'S ESTATE. In re BROWN'S GUARDIANSHIP.

No. 30290.

Supreme Court of Washington

October 2, 1947

Department 1

Proceeding in the matter of the estate of Josephine L. Brown, deceased and proceeding in the matter of the guardianship of David S Brown, incompetent. The executor and guardian joined in a petition to the superior court to ascertain which properties standing in the name of David S. Brown and in the names of David S. Brown and Josephine L. Brown, his wife, vested in David S. Brown as his separate property, and which properties were community property and subject to administration and distribution in the estate of Josephine L. Brown, in accordance with her will. From part of the decree, the guardian appeals, and the executor moves to dismiss the appeal.

Motion to dismiss appeal denied and judgment reversed and cause remanded with directions to enter judgment in accordance with opinion.

Appeal from Superior Court, King County; William G. Long, judge.

Burkheimer & Burkheimer and J. H. Buchanan, all of Seattle, for appellant.

Lewis L. Stedman, of Seattle, for respondent.

MILLARD Justice.

David S. Brown and Josephine L. Brown were married December 21 1917, and remained husband and wife until death of the latter in Seattle September 3, 1946. David S. Brown, at the time of his marriage to Josephine L. Brown, owned four parcels of real estate in King county which were still held in his name at the time of the death of his wife, Josephine L. Brown. In 1935, 1936, and 1939, Brown and wife purchased real property in King county, title to all of which property was taken in the names of Brown and wife. July 1, 1946, the Browns sold the real property purchased by them in 1935 and deposited the proceeds ($10,422.42) of the sale in their joint checking account in the name of D. S. or Josephine L. Brown in a Seattle bank, in which account on the date of the death of Mrs. Brown was a balance of $11,265.20.

At the time of the death of Mrs Brown the personal property belonging to the marital community consisting of Josephine L. Brown and David S. Brown was as follows: Savings accounts, one with a balance of $2,424.07, and one in which there was a balance of $1,000, each in the name of D. S. or Josephine L. Brown, in two Seattle banks.

Another bank account of $1,043 in the name of a trustee, which was paid to the executor of the estate of Josephine L. Brown, deceased.

A checking account, referred to above, with a balance of $11,265.20 in the name of D. S. or Josephine L. Brown.

United States war savings bonds in the amount of $1,200 maturity value, payable to David S. Brown or Josephine L. Brown.

Certificate for fifty-six shares of Puget Sound Pulp and Timber Company stock in the names of David S. Brown and Josephine L. Brown.

Bearer bond of Doneen Building Company, in the amount of $1,000, due 1952.

Household goods in Seattle.

David S. Brown, for personal injury received prior to marriage, has a disability claim for which he receives $19.56 monthly from this state's Department of Labor and Industries.

August 27, 1930, David S. Brown and wife executed the following agreement which was not placed of record:

'Community Agreement

'This community agreement, made in duplicate on this 27th day of August, A.D., 1930, by and between David S. Brown and Josephine L. Brown, his wife, now residing in Seattle, State of Washington, for the purpose of complying with Section 5919 of Remington's 1915 Codes and Statutes of Washington to fix the status of their respective property and community rights, witnesseth:

'That each of the parties hereto does hereby declare to the other that all property now possessed by either, including any separate property as well as community property, shall be, and does hereby become, their joint community property, and each does hereby declare and agree with the other that all property, funds, securities, or other thing of value that shall hereafter become the property of either, including all inheritances, legacies and bequests, shall be treated and considered as community property to be managed and distributed as and for community property,--it being the intention that all property rights and properties now belonging to each of the parties hereto together with any future property rights, legacies, bequests or inheritances that may accrue to either shall be the community property of both.

'And it is further agreed that, upon the death of either of the parties hereto, all of said properties and property rights of either or both shall be their community property and the title thereto shall, upon the death of either, pass to the survivor, and become vested in such survivor as the sole, separate property of the survivor thereafter.

'In witness whereof, the parties hereto have hereunto set their hands and seals, in duplicate, on the day and year hereinabove first written.

'(Signed) David S. Brown (Seal)

'(Signed) Josephine L. Brown (Seal)

'Signed, sealed and delivered in presence of

'(Signed) Fred G. Cupp.

'(Signed) Rose M. Cupp.

'State of Washington, County of King, ss.

'This is to certify that on this 27th day of August, A.D., 1930, Before me, the undersigned notary public in and for the State of Washington, duly commissioned and sworn, personally appeared David S. Brown and Josephine L. Brown, husband and wife, to me personally known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed, sealed and executed the same as their free and voluntary act and deed for the uses and purposes therein mentioned.

'Witness my hand and notarial seal on the day and year in this certificate first hereinabove written.

'(Signed) Rose M. Cupp, formerly Rose M. Mohr, Notary Public in and for the State of Washington, residing at Seattle.'

'(Notarial seal)

October 8, 1937, David S. Brown executed a contract of sale and a deed, to be placed in escrow, of acreage in Kitsap county acquired by him in 1916 and prior to his marriage to Josephine L. Brown. The contract and the deed each contain a recital that the property is the separate property of David S. Brown and that Josephine L. Brown joined in the instruments as his present wife, 'she and David S. Brown having married on December 21, 1917.'

Another community property agreement, reading as follows, was executed by David S. Brown and Josephine L. Brown May 26, 1943, but was not placed of record:

'Community Property Agreement

'Know all Men by These Presents:

'That we, David S. Brown and Josephine L. Brown, husband and wife, of Seattle, King County, Washington, hereby acknowledge that all property owned by them, whether standing in the name of both of them or either of them, is, by this agreement, acknowledged to be community property, and

'It is agreed, that upon the death of either of them such property as they now own or may hereafter acquire from any source whatsoever, shall be considered as community property and shall, upon such death immediately become the sole property of the survivor of them.

'Dated at Seattle, Washington, May 26, 1943.

'(Signed) David S. Brown

'(signed) Josephine L. Brown

'State of Washington, County of King, ss.

'This is to certify that on this 26th day of May, 1943, Before me, the undersigned notary public, duly sworn and qualified, personally appeared David S. Brown and Josephine L. Brown, his wife, to me known to be the individuals named in the foregoing Community Property Agreement and who executed the same and acknowledged to me that they signed and sealed it as their free and voluntary act and deed for the uses and purposes therein mentioned.

'Given under my hand and notarial seal the day and year in this certificate first above written.

'(Signed) Lewis L. Stedman

'Notary Public in and for the State of Washington, residing at Seattle.'

'(Notarial seal)

By her last will and testament, executed August 2, 1946, Josephine L. Brown directs payment promptly of her just debts and names Peoples National Bank trustee of the residue of the estate, the income from which is to be used for the maintenance and care of her husband, David S. Brown, after whose death the property is to be used for certain charitable purposes. This will was duly probated following the death of the testatrix September 3, 1946, and the Peoples National Bank was appointed and qualified as executor. October 24, 1946, David S. Brown was adjudged incompetent and A. L. Burr was appointed and qualified as guardian of David S. Brown's estate.

The executor of the estate of Josephine L. Brown, deceased, and the guardian of the estate of David S. Brown, incompetent joined in a petition to the superior court of King county to ascertain which properties standing in the name of David S. Brown, and in the names of David S. Brown and Josephine L. Brown, his wife, at the time of the death of the wife, vested in ...