In re Estate of Tresidder

Citations

• 70 Wash. 15
• 125 P. 1034
• 1912 Wash. LEXIS 991

Syllabus

<p>Husband and Wife — Community Property — Conveyance to Wife —Form. Where the husband had charge of a transaction whereby property was conveyed to the wife, as and for her sole and separate property, the form of the deed is binding upon him, and the property becomes her separate property.</p> <p>Wills — Execution—Undue Influence. Undue influence will operate to defeat a will, although the testatrix was mentally competent, where there was coercion, imposition, fraud, or influence impelling the testatrix to act in fear, desire for peace, or something which she was unable to restrain.</p> <p>Wills — Undue Influence — Evidence—Competency. Undue influence in the execution of a will need not be shown by direct evidence, but it is competent to show the relations of the parties, the surrounding circumstances, habits and inclinations of the testatrix, and the fact that provision had been made for a son in four or five wills previously executed.</p> <p>Wills — Construction. A clause in a will asking the sole beneficiary to “make provision for my son R. as requested by me,” must be construed in the light of several former wills in favor of R. and the circumstances surrounding its execution.</p> <p>Wills — Undue Influence — Burden of Proof. While ordinarily the burden of proof is upon the contestant of a will claiming undue influence, sufficient is shown to put the executor to his proof that there was no undue influence, where it was shown that the will was in the handwriting of the sole beneficiary, that although he knew of a former will in favor of a son, he kept its repudiation secret, and that he took care to have a physician act as witness in order to preserve proof of mental capacity, in view of former wills in favor of, and an admitted attachment for, the son.</p> <p>Same — Evidence—Sufficiency. In such a case, undue influence is sufficiently shown, where in addition to-such facts, it appears that the testatrix, then on her deathbed, had, on the day before, executed a w