Irwin v. Rogers

Citations

• 91 Wash. 284
• 157 P. 690
• 1916 Wash. LEXIS 1048

Syllabus

<p>Wills — Right to Make — Statutes. The right to make a will is purely a creature of statute and subject to legislative control.</p> <p>Statutes — Construction. When not defined by statute, terms having a well defined meaning at common law will he given that construction.</p> <p>Wills — Nuncupative Will — Title to Realty — Statutes. Real estate cannot pass by a nuncupative will, in view of the definite common law meaning of the term, and the fact that Rem. & Bal. Code, § 1330, authorizing nuncupative wills is taken almost verbatim from the statute of wills (29 Chas. II) which was uniformly construed to exclude real estate; especially in view of the general policy of our law to require all contracts conveying real property to be in writing.</p>