In re Deaver's Estate
| Decision Date | 05 April 1929 |
| Docket Number | 21000. |
| Citation | 151 Wash. 454,276 P. 296 |
| Court | Washington Supreme Court |
| Parties | In re DEAVER'S ESTATE. v. ALLEN. SMITH |
Department 2.
Appeal from Superior Court, King County; Charles P. Moriarty, Judge.
In the matter of the estate of James Deaver, deceased. Petition by Elaine Smith, guardian of the estate of Earl Ramsey Deaver, a minor, against Walter B. Allen, executor of the estate of James Deaver, deceased, to require the executor to list certain real property. From an order dismissing the petition petitioner appeals. Affirmed.
Greene & Henry, of Seattle, for appellant.
Frank S. Griffith, of Seattle, for respondent.
On April 7, 1925, one James Deaver, then a resident of King county, Wash., died at Bremerton, in Kitsap county. He left a will in which he divided his property equally between his two sons, Oscar Deaver and Earl Ramsey Deaver, the latter being a minor. He appointed the respondent, Walter B Allen, as the executor of his will. Allen qualified as such executor, and was proceeding with the administration of the estate, when on September 23, 1926, the appellant, Flaine Smith, as guardian of the property of the minor son, filed a petition in the probate proceedings, seeking to require the respondent to list certain real property, which she alleged was property of the estate, and which the respondent had not included in his inventory as such property. A citation was issued directed to the respondent requiring him to show cause why the property should not be so listed. The respondent answered, denying the allegations of the petition, and averring affirmatively that the property sought to be listed was not the property of the deceased at the time of his death. On the issues thus framed, a trial was had, resulting in a denial of the relief sought, and a dismissal of the petition. The present appeal is from the order of dismissal.
The property which the petitioner sought to have listed as property of the estate, was formerly owned by James Deaver. About a year prior to his death, a deed was executed bearing his name as grantor, purporting to convey the property to his eldest son. The petitioner attacked the validity of the deed making three principal contentions, first, that the deed was a forgery; second, that it was without consideration; and third, that it was not executed with sufficient formality to pass title. The principal controversy was over the first of the contentions. The evidence introduced as bearing upon it was widely conflicting, and, as transcribed for the purposes of the appeal, it forms a somewhat massive record. To review it in detail would be purposeless. We content ourselves therefore, with saying that we have examined it with care, and find that the trial...
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OneWest Bank, FSB v. Erickson
...or grantee find the deed is still valid against the grantor's successors and those with notice of the deed. See In re Estate of Deaver, 151 Wash. 454, 456, 276 P. 296 (1929) (deed lacking notary public's seal "was valid as between the parties, and valid as to all persons claiming under the ......
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In re Petition for Vulnerable Adult Order of Protection of Krinke
... ... and a residential 3.45 acre parcel. When she sold the ... property, Ms. Krinke reserved a life estate on the ... residential parcel. The life estate agreement was not ... notarized. Ms. Krinke recorded the life estate agreement with ... ...
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Krinke v. Picolet (In re Petition for Vulnerable Adult Order Of)
...a purchaser of the property for a valuable consideration who took without actual notice of the outstanding deed." In re Estate of Deaver, 151 Wash. 454, 456, 276 P. 296 (1929). Here, it is undisputed that the deed conveying a life estate to Ms. Krinke was recorded in the Okanogan County aud......
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Ockfen v. Ockfen
... ... This is ... an action by Charles P. Ockfen as the administrator of his ... mother's estate, and by the four children other than ... John, asking that the deed to him be canceled and that he be ... ordered to reconvey the ... ...
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Table of Cases
...v. Stiles, 24 Wash. 611, 64 P. 795 (1901): 20.15(2) Dean v. Gregg, 34 Wn.App. 684, 663 P.2d 502 (1983): 10.7(5) Deaver's Estate, In re, 151 Wash. 454, 276 P. 296 (1929): 10.5(1) Decker v. State, 188 Wash. 222, 62 P.2d 35 (1936): 7.6(1)(a) Decker v. Verloop, 73 Wash. 10, 131 P. 190 (1913): 1......
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§10.5 - Compliance with Statute of Frauds
...Inc., 76 Wn.2d 54, 455 P.2d 932 (1969). The deed becomes a contract for a deed and conveys equitable title. In re Deaver's Estate, 151 Wash. 454, 276 P. 296 (1929); Edson, 8 Wash. 642. This rule as to deeds has been extended to include a REPSA. Fallers, 144 Wash. Although an acknowledgment ......