Hipkins v. Estes

Citations

• 51 Wash. 1
• 97 P. 1089

Syllabus

<p>Executors and Administrators — Sale to Pay Debts — Fraud— Husband and Wife — Community Property — Purchase by Wife of Administrator — Fraudulent Conveyances — Evidence—Sufficiency. There is no evidence of fraud warranting the setting aside of an administrator’s sale to his wife of lands of the estate to pay a mortgage, alleged to have been purchased by the wife with community funds of herself and husband, where it appears that part of the estate was covered by a mortgage for $1,575, that the mortgage was purchased by the administrator’s wife, one of the heirs, with money given to her by her husband for that purpose, and that she bid in the mortgaged property and also the balance of the estate on a deficiency judgment; it appearing that she paid more than the mortgage was worth, the face of which exceeded the value of the entire property; and the fact that the land afterward became valuable, and was deeded by the wife to satisfy a subsequent debt of the husband would not establish fraud or that the same was not her separate property.</p>