Guye v. Plimpton

Citations

• 40 Wash. 234
• 82 P. 596
• 1905 Wash. LEXIS 968

Syllabus

<p>Husband and Wife — Property—Real Estate Held by Wife in Trust foe Son — Action by Husband to Recover for Community — . Character of Property — Evidence—Sufficiency. Upon an issue as to the character of certain property claimed hy the wife as held in trust for her son, and by the husband as community property, findings in favor of the wife are warranted, where it appears that in 1871, $1,200 came into their possession for the son from his grandfather’s estate, that the property in question was -conveyed to the wife in 1876, and the wife’s claim that she held it in trust for the son was corroborated by evidence of the real estate agent who negotiated the sale, and of other creditable witnesses, to the effect that many years before she refused to mortgage the same for that reason, and her statements to the same effect made in the presence of witnesses were not disputed by the husband, and the property was often spoken of in the family as such individual estate.</p>