Gordon v. Hillman

Citations

• 109 Wash. 223
• 186 P. 651
• 1919 Wash. LEXIS 980

Syllabus

<p>Husband and Wife (98)—-Community Property — Descent to Heirs. On the death of a wife, intestate, the title to one-half the community real property vested immediately in her two minor sons.</p> <p>Deeds (15-21)-—Delivery—Deposit in Court. Where deeds of a husband and wife, tendered and filed in court, were, at all times pending an appeal by the adverse parties, subject to recall on abandonment of the controversy, they became ineffectual for any purpose as to the wife’s interest upon her death before termination of the suit.</p> <p>Husband and Wife (98.)—Community Property—Rights of Heirs —Judgment Against Husband and Wife—Effect. A judgment rescinding a trade and imposing reciprocal and concurrent obligations of reconveyance, with an alternative of a future money judgment, does not prevent community property from descending to the heirs upon death of one of the parties before performance.</p> <p>Abatement and Revival (23)—Death of Party—Pending Pinal Judgment. A judgment rescinding a trade and imposing reciprocal and concurrent obligations of reconveyance, with an alternative of a future money judgment, is not in its practical effect a final judgment; and upon death of a party plaintiff more than one year prior to final judgment, the action abates, unless revived by substitution of her personal representative within one year, under Rem. Code, § 193.</p> <p>Executors and Administrators (117, 120)—Sale of Real Property—Petition—Notice. The court cannot order an administrator to execute a deed of community property in compliance with a judgment without any administrator’s petition or notice to minor heirs, and the deed executed by him individually and as administrator is ineffectual to pass title to one-half of the property, under Rem. Code, §§ 1498, 1499, 1502, and 1692.</p> <p>Judgment—Compliance—Concurrent Obligations. Where a judgment to rescind a trade imposed upon the parties reciprocal and concurrent obligations as to reconveyance within a specified time, the