Kennedy v. Burr

Citations

• 101 Wash. 61
• 171 P. 1022
• 1918 Wash. LEXIS 795

Syllabus

<p>Evidence—Declarations Against Interest—Admissibility. In an action of deceit, upon an issue as to whether defendant, the executrix of an estate, had falsely represented the estate as insolvent, her report of assets to the state tax commission is competent as a declaration against interest and in rebuttal of the misrepresentations.</p> <p>Appeal—Harmless Error—Evidence. It is not prejudicial to reject evidence of a memorandum which was incompetent if it had been admitted over objection.</p> <p>Executors and Administrators—Liability—Deceit. An executrix is liable for deceit if, by false representations that the estate was bankrupt, a claimant, in reliance thereon, failed to file a claim against the estate within the time limited by law.</p> <p>Same—Liability for Deceit—Actions—Instructions. In an action against an executrix for deceit in representing the estate as bankrupt, an instruction that it was her duty to notify a claimant to file a claim against the estate, if she was negotiating for its payment, while.inapt, was not prejudicial in view of the issue and an actual payment made upon the claim.</p> <p>Same—Actions—Defenses. In such a case, a showing that the estate was incumbered did not overcome a prima facie case made that the estate was solvent; the burden then being on defendants to show not only incumbrances but insolvency.</p>