In re the Estate of Crim

Citations

• 89 Wash. 395
• 154 P. 811
• 1916 Wash. LEXIS 716

Syllabus

<p>Evidence— Parol Evidence to Vary Writing — Admissibility. Parol evidence of an agreement is not objectionable as varying tbe terms of a written contract, where tbe agreement rested in parol and tbe writing was not contemporaneous or for tbe purpose of evidencing tbe contract, but was made a month later merely to satisfy tbe banker of one of tbe parties.</p> <p>Appeal — Review—Findings. A finding cannot be disturbed on appeal where tbe evidence does not preponderate against it.</p> <p>Appeal — Review—Final Orders — Confirming Probate Sale. An order in probate on proceedings by petition, confirming tbe sale of personalty, is a final disposition of tbe matter, and appealable within ninety days, under Rem. & Bal. Code, § 1716, subd. 1, relating to appeals from final judgments.</p> <p>Executors and Administrators — Sales—Ratification of Voidable Sale — Revocation of Letters. An executor’s sale of personalty, prior to tbe probate of a nonintervention will, fairly done to preserve the estate from forfeiture and to pay debts, is voidable merely, and not void; and the admission of the will to probate and appointment of the executor by a court of competent jurisdiction ratifies the sale, notwithstanding the probate was thereafter annulled because of testamentary incapacity.</p> <p>Same — Sale to Pat Debts — Pair Price — Evidence— Sueeicienct. Where the only property of an estate consisted of mining stock of speculative value, pl§dged by decedent for a loan, for which it was about to be forfeited, and no one else was willing to purchase the stock at any price, a sale of one-fourth of the stock for $790, is fair, and should be confirmed, although it was represented to the purchaser that there was a prospect of selling all of the stock for $70,-000.</p>