Parr v. Davison

Decision Date12 January 1928
Docket Number20552.
Citation146 Wash. 354,262 P. 959
PartiesPARR v. DAVISON et al.
CourtWashington Supreme Court

Department 1.

Appeal from Superior Court, Whatcom County; Brown, Judge.

Action by Susanna Parr against Sarah J. Davison and others. From a judgment for plaintiff, defendants appeal. Affirmed.

Chas B. Sampley, of Bellingham, and Wm. H. Pemberton, of Seattle for appellants.

U. D Gnagey, of Bellingham, for respondent.

MITCHELL J.

This action was brought by Susanna Parr to quiet title to the east 45 acres of the east half of the southeast quarter of section 33, township 40 north, range 1 east, in Whatcom county, less 2 acres in the southwest corner of the 45-acre tract. The descendants of one William Parr who are residuary legatees under his will are defendants. Judgment was for the plaintiff. The defendants have appealed.

William and Rosannah Parr were husband and wife and parents of the defendants other than one of whom they were grandparents; also they were the parents of George W. Parr, now deceased, who was the husband of the respondent.

William Parr acquired, among other property, the 45 acres above referred to, 43 acres of which are involved in this action. He died in Whatcom county in 1906, his wife surviving him. He left a will by which he devised the 45 acres to his son George W. Parr, subject, however, to a life estate in favor of the decedent's wife, Rosannah. The will was probated and the estate settled. Pertinent provisions in the decree allowing the final account and distributing the property, dated April 8, 1907, are as follows:

'It is further ordered, adjudged, and decreed that the residue of the said estate be and the same is hereby, in accordance with the terms of said will, distributed as follows, to wit:
'To Rosannah Parr, widow of said deceased, all of the personal property of said estate, consisting of seven milch cows, two horses, and two wagons; and also a life estate in and to the real estate owned by the said deceased, and described as follows: The east half of the southeast quarter of section 33, in township 40 north, of range 1 east of the Willamette meridian, situated in Whatcom county, Wash.
'To George W. Parr, son of said deceased, the east 45 acres of the said east half of the southeast quarter of said section 33, in township 40 north, of range 1 east of the Willamette meridian, situated in Whatcom county, Wash., subject to the said life estate.'

That is, the court construed the will and by the order decreed and distributed to George W. Parr the 45 acres in question, subject to the life estate in favor of his mother. Thereafter Rosannah Parr and her son George W. Parr and his wife resided on the property until the death of Rosannah, upon the happening of which George W. Parr became vested with an absolute title to the 45 acres in his own right.

There is some claim on the part of the appellants that the property was community property of William Parr and his wife, but it is too late to raise that question now. The will of William Parr purported to convey the whole interest in the property and it is...

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