de la Pole v. Lindley

Citations

• 118 Wash. 387
• 204 P. 12
• 1922 Wash. LEXIS 684

Syllabus

<p>Limitation of Actions (56) — Fraud—Discovert of Fraud. Where a mother, as administratrix during the minority of her daughter, makes a sale of real estate in which the daughter has a half interest, to herself through the intervention of a third party, and the daughter does not discover the attempted elimination of her own rights until the death of her mother, some nineteen years later, she is not chargeable with laches nor barred by the statute of limitations from seeking a recovery of her interest in the estate.</p> <p>Executors and Administrators (134) — Sale—Validity—Parties Entitled to Purchase — Administratrix. An administratrix of an estate stands in a fiduciary relation to those beneficially interested, and whether an unauthorized sale is void or voidable, is not material, where other interests have not intervened, and, irrespective of her own good faith, the administratrix is subject to the rule that a trustee is bound to do that which will best serve the interests which for the time are intrusted to her care.</p> <p>Descent and Distribution (13, 14) — Actions by Heirs- — Recovery of Mesne Profits. A daughter, entitled to one-half of the mesne profits of her father’s estate, is not entitled to recover therefor from the estate of her mother, where the income from the property was used indiscriminately for the support and pleasure of mother and daughter, and there is no evidence that the entire income was not mutually spent and consumed for such purpose.</p> <p>Executors and Administrators (149) — Actions by Heirs — Limitation. Where an heir of one-half of her father’s estate joins with her mother, after attaining legal age, in a deed to a tract of land in which she has a half interest, without demanding her share of the purchase price, she cannot, after the bar of the statutory period of limitation, assert a right of action against her mother’s estate for her portion of the purchase price appropriated by the mother.</p>