Hemrich v. Hemrich

Citations

• 117 Wash. 124
• 201 P. 10
• 1921 Wash. LEXIS 1043

Syllabus

<p>Trusts (38%) — Actions—Evidence—Burden of Proof. The burden of proving immaculate faith in transactions between a trustee and a cestui que trust rests upon the trustee, especially where the cestui que trust is of immature age, judgment and experience.</p> <p>Trusts (46, 47) — Enforcement of Trust — Right to Trust Funds —Fraud of Trustee. Undue influence and constructive fraud is shown supporting ani action by the widow of the cestui que trust to recover a trust estate, where it appears that a mother, who had been made trustee of an estate under the will of her deceased husband, whereby two-thirds was devised to the children, induced a child of no business experience or judgment, and who was under her influence, to convey his entire interest, amounting to practically $100,000, to her without other consideration than that of support and the prospect of sharing in the mother’s estate on her death.</p> <p>Same (49) — Actions to Enforce Trust — Limitation and Laches. A delay of four years in bringing action to set aside a conveyance procured by parent from child by means of constructive fraud and undue influence does not amount to laches when no injury has been caused by not beginning the action earlier.</p> <p>Wills (79-85) — Rights of Devisees — Deed to Effect Testator’s Intention — Consideration. Where a brother, without consideration, conveyed all his interest in a certain piece of property to his sister, in order to carry out an expressed intention of the deceased father to give that property to his daughter, such deed could not be after-wards set aside at suit of the administratrix of such brother.</p>