Reagh v. Schalkenbach

• Court: Washington Supreme Court
• Writing for the Court: MAIN, Justice.
• Citation: Reagh v. Schalkenbach, 185 Wash. 527, 56 P.2d 673 (Wash. 1936)
• Decision Date: 31 March 1936
• Docket Number: 26050.
• Parties: REAGH et al. v. SCHALKENBACH et al.

56 P.2d 673

185 Wash. 527

REAGH et al. v. SCHALKENBACH et al.

No. 26050.

Supreme Court of Washington

March 31, 1936

Department 2.

Appeal from Superior Court, King County; Robert M. Jones, Judge.

Suit by John D. Reagh and others against Minnie Wood Schalkenbach Mollie Peirce Moller, and others. From an adverse judgment second named defendant appeals.

Affirmed.

James G. Mulroy, of Seattle, for appellant.

Matthew Stafford, Philip D. Macbride, and George W. Williams, all of Seattle, for respondents.

MAIN Justice.

This is an appeal from a judgment dismissing an amended petition which will be referred to as the petition, in the above-entitled action after a demurrer to the petition had been sustained and the petitioner declined to plead further.

The question presented upon the appeal is whether, under the facts stated in the petition, the petitioner, the appellant Mollie Peirce Moller, is entitled to any relief.

July 4, 1926, Charles Schalkenbach died, leaving a will in which two trusts were provided for. The will was admitted to probate, and November 21, 1930, the estate was distributed to the trustees named in the will. April 30, 1931, the trustees brought an action for the purpose of having the will construed, and April 22, 1932, a judgment was entered to the effect that the trust provided in the will for establishing a boys' home was valid, but that the other trust was invalid. Minnie Wood Schalkenbach, the widow of Charles Schalkenbach, deceased, was a party to that proceeding. From the judgment entered, no appeal was taken.

December 25, 1932, Mrs. Schalkenbach died, leaving a will which in due time was admitted to probate. In 1933, the trustees named in Mr. Schalkenbach's will brought an action to enforce an agreement which he and Mrs. Schalkenbach made June 23, 1926. This agreement was executed having for its purpose a disposition of all the community property of the parties. In connection with the agreement, wills were executed, one by Mr. Schalkenbach and the other by Mrs. Schalkenbach. The will of Mrs. Schalkenbach, which was admitted to probate after her death, was not the will which she executed pursuant to the agreement with her husband, and made a different disposition of her half of the community property.

Mollie Peirce Moller, the appellant, who was a beneficiary under the probated will of Mrs. Schalkenbach, was made a party to that proceeding, and, by cross-complaint, sought to have the trust for a boys' home, provided for in the will of Mr Schalkenbach,...