Rader v. Stubblefield

• Decision Date: 01 August 1906
• Citation: 86 P. 560,43 Wash. 334
• Court: Washington Supreme Court
• Parties: RADER et al. v. STUBBLEFIELD.

86 P. 560

43 Wash. 334

RADER et al. v. STUBBLEFIELD.

Supreme Court of Washington

August 1, 1906

Appeal from Superior Court, Walla Walla County; Thos. H. Brents Judge.

Action by C. M. Rader and others, trustees of the will of John Stubblefield, deceased, against Cassann Stubblefield. From a judgment for plaintiffs, defendant appeals. Affirmed.

T. H. Crawford, C. E. Cochran, and Happy &amp Hindman, for appellant.

Cary M. Rader, Wm. H. Upton, and Will R. King, for respondents.

CROW J.

One November 17, 1902, Joseph Stubblefield, domiciled in Umatilla county Or., a few miles from Walla Walla, Wash., died testate, being then about 79 years of age. About the year 1874 he intermarried with Cassann Stubblefield, the appellant herein. If either of said parties had contracted a prior marriage that fact is not disclosed by the record. There never was any issue of said marriage; at least, no such issue survived Joseph Stubblefield. At the date of their marriage the appellant, Cassann Stubblefield, had no estate whatsoever; but Joseph Stubblefield was then worth from $75,000 to $100,000, and from that time on his only occupation consisted in loaning his money and caring for his estate. His good management caused his estate to so increase that at his death he was possessed of about $180,000 in money, notes, mortgages, and other securities, then deposited with his bankers in Walla Walla, Wash., and also of about $10,000 in real estate, 48 acres thereof being his home place in Umatilla county, Or., valued at $2,400, and the remainder being in Walla Walla and Columbia counties, Wash. On May 5, 1902, at Walla Walla, Wash., said Joseph Stubblefield executed his last will and testament in compliance with the laws of Washington and also of Oregon. On September 1, 1902, at his home in Umatilla county, Or., he in like manner executed a codicil to said will. At his instance the will and codicil were deposited with his bankers in Walla Walla, Wash., who had possession of the same at the date of his death. Said will named the respondent C. M. Rader, a resident of Walla Walla, Wash., and the respondents R. M. Dorothy and E. A. Reser, residents of Umatilla county, Or., as executors, and also as trustees of the trust hereinafter mentioned. The testator devised to his wife the sum of $6,000, together with a life estate in five acres of the home place in Oregon, which included the house, barn, and outbuildings. Subject to said life estate and the widow's dower, to which she was entitled under the laws of Oregon, the home place of 48 acres was devised to one Francis M. Stubblefield, a nephew of the testator. A large number of other devises in money, ranging in sums from $200 to $2,500, and aggregating about $25,000, were also made, mostly to relatives and collateral heirs. The residue of the estate was devised by clause 31 of said will as follows: 'Thirty-first. I hereby bequeath and devise to R. M. Dorothy, E. A. Reser, of Umatilla county, state of Oregon, and C. M. Rader, of Walla Walla county, state of Washington, my executors, and the survivors or survivor of them and to their successors, hereinafter provided for as trustees, all the rest and residue of my estate, real and personal and mixed, of whatsoever kind and wheresoever situated in trust, to be devoted to, invested, and the income thereof to be expended by said trustees and their successors for the establishment, maintenance, and support of a home for the fatherless or motherless and indigent children, residents of the states of Oregon and Washington, and worthy elderly, indigent widows, residents of Oregon and Washington, and to their maintenance, and to the giving of a common-school education and to the teaching of some useful trade or occupation to the children inmates thereof. My said executors, as such trustees, and the survivors or survivor thereof, and their successors, shall have the sole and exclusive control and management of said home the amount of said income to be devoted to the maintenance, support, and education of children and the amount to be devoted to the support of widows shall wholly and entirely be within the discretion and judgment of said trustees and their successors. * * * It is my wish that said home be located at or near the city of Walla Walla, Washington, provided that within one year after the probate of my will there be donated to said trustees and to their successors the sum of ten thousand dollars, or its equivalent in value for the purpose of securing ground and the erection thereon of suitable buildings for such home. In case said sum or its equivalent in value be not so donated, then said home to be located at some other suitable place in either Washington or Oregon, to be selected by said trustees.' On November 20, 1902, said will and codicil were admitted to probate by the superior court of Walla Walla county, Wash., and the respondents Rader, Dorothy, and Reser were appointed executors. Afterwards an inventory and appraisement were filed, showing real and personal property in this state of the total appraised value of $18,254.21, all of which was scheduled as the separate property of said decedent. On December 27, 1902, upon the return of said inventory and appraisement, and upon a hearing had, the court adjudged said estate to be solvent, and made an order authorizing said executors to administer the same without the intervention of said court; said will so directing. Shortly after the death of her husband, appellant, being then about 80 years of age, moved to Walla Walla, Wash., where she resided continuously until the trial of this action. She did not object to said probate proceedings, nor did she at any time prior to March 26, 1903, attempt to have said will probated by any Oregon court.

On December 20, 1902, the appellant appeared in the superior court of Walla Walla county, Wash., and filed a petition, asking a reasonable allowance out of said estate for her support during the progress of administration. This petition was heard and denied on December 30, 1902. Shortly after the probating of said will, the executors paid one small legacy, notified appellant they were ready to pay the $6,000 due her, and they were also about to settle other legacies. About this time appellant indicated to the executors that she was not satisfied with the provision made for her by the will. She then claimed that the personal property and the real estate in Washington were community property, and that she was entitled to one-half thereof under the laws of Washington. She also insisted that the will, and especially the thirty-first clause thereof, was void. These claims were resisted by the executors, who maintained the entire will was valid and that all property in their possession was the separate property of their testator. Thereupon appellant employed an attorney, through whom she threatened litigation for the purpose of questioning the validity of said will, especially said thirty-first clause. Under these conditions the executors refrained from paying legacies or disbursing any funds until they could secure an adjustment of all claims made by appellant. After some dispute, a settlement was proposed to appellant's attorney, but was rejected by him without being submitted to her. The offer was also withdrawn by respondents. About this time appellant's attorney moved to Seattle and ceased to render further service in the matter, but some of appellant's friends approached respondents for the purpose of securing a settlement. On account of appellant's advanced ago, respondents, one of whom--Rader--was an attorney, refused to meet appellant unless she was represented by counsel. She declined to employ another attorney; but a meeting was held, at which the executors and herself being present, she was represented by George McGuire, B. A. McGuire, and W. P. Winans, who were also present. George McGuire was her nephew, an educated business man, who had been auditor of Walla Walla county, Wash. B. A. McGuire was her brother, and W. P. Winans was president of the Farmers' Savings Bank of Walla Walla, Wash. At this conference it was stipulated that the $6,000 legacy should be paid appellant; that in addition thereto she should be paid $4,000 in cash; that the executors should deed to her a house and two lots in Walla Walla, Wash., valued at $2,500; that they should settle the demands of her attorney in a sum not to exceed $500; and that they should pay her $50 per month for her support from the date of her husband's death as long as she lived. She was to convey to the executors all of her interest in the Oregon land, being her life estate in the four acres and her dower interest in the entire tract. This settlement was fully closed. The executors paid appellant $10,000 in cash, being the $6,000 legacy and $4,000 additional. They paid her $50 per month from the date of her husband's death to the date of the trial of this action, inclusive. They conveyed to her the house and two lots in Walla Walla, Wash. They also paid her attorney about $360 in settlement of his fee. Appellant conveyed her interests in the Oregon real estate to the respondents, and also executed and delivered to them the following instrument: 'Know all men by these presents that, whereas, Joseph L. Stubblefield, by his last will and testament in writing bearing date of the 5th day of May, 1902, did, among other legacies therein contained, give and bequeath unto the undersigned Cassann Stubblefield and sum of six thousand dollars, and in his said will and testament did make and constitute R. M. Dorothy, E. A. Reser, and C. M. Rader, the sole executors of said will and testament: Now, therefore, I hereby acknowledge the receipt from the said executors of said legacy or sum of six thousand dollars, so...