Edwall v. Jesseph

Citations

• 75 Wash. 391
• 134 P. 1041
• 1913 Wash. LEXIS 1726

Syllabus

<p>Wills — Revocation—Deeds as Testamentary Documents. Mutual deeds simultaneously executed by a husband and wife and placed in escrow under an agreement to deliver one to the survivor, and intended as testamentary disposition of tbeir real estate, are revoked by the subsequent execution of wills.</p> <p>Frauds, Statute of — Real Property — Contracts to Devise — Irrevocable Wills. An oral agreement in pursuance of wbicb a husband and wife executed mutual wills devising their real estate to each other, and providing that such wills should be irrevocable except by mutual agreement or on notice, is within the statute of frauds and void.</p> <p>Same — Memorandum—Sufficiency. In such a case, the mutual wills, although executed simultaneously, are not a sufficient memorandum to take the case out of the operation of the statute of frauds where there was no reference in either will to any such contract.</p> <p>Same — Memorandum. For the same reason, a testamentary disposition of their real estate by mutual deeds, simultaneously exeeuted and to be delivered to the survivor upon the death of either, are not a sufficient memorandum to take the case out of the operation of the statute of frauds, where there was nothing in either will to show the contract or that one deed was executed in consideration of the other.</p> <p>Same — Part Performance. The making of mutual wills by a' husband and wife is not such a part performance of an oral contract to make irrevocable wills, devising the real estate of the parties to the survivor, as to take the same out of the operation of the statute of frauds.</p>