Bowen v. Hughes

Citations

• 5 Wash. 442
• 32 P. 98
• 1892 Wash. LEXIS 92

Syllabus

<p>APPEAL — STATEMENT OP PACTS — TIME OP PILING — RESULTING TRUST — LANDS PURCHASED BY ADMINISTRATRIX WITH TRUST FUNDS — CANCELLATION OP DEED—UNDUE INFLUENCE—WANT OP CONSIDERATION.</p> <p>A party desiring to appeal is not required to prepare his statement of facts upon the oral announcement by the judge of his de- . cisión, but has a right to wait until the written judgment is filed in the case.</p> <p>Where the administratrix of an estate purchased land in her own name, and subsequently, by mistake or otherwise, was credited in her account as administratrix with a portion of the purchase pi’iee as paid on said laud, no trust in the land resulted in favor of the estate.</p> <p>In an action to annul a deed, executed by a stepdaughter to her mother, the evidence showed that the daughter was past eighteen years of age at the time she agreed to sell, and did not finally convey until nearly two years later; that at the time she was living away from her mother, and not under her control; that there was no affection between them for one another; that no confidential relations existed between them, and that she went and came as she pleased and engaged in any business that suited her; that the mother had expended $800 in giving the daughter a collegiate education and that the deed was given in consideration therefor; that $500, the consideration recited in the deed, was about the full valuation for said land. Held, That the testimony did not show such a state of facts as to warrant the conclusion that the deed was procured by undue influence, or that there was want of consideration for its execution.</p>