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Martin v. Moore

Citations

  • 49 Wash. 288
  • 94 P. 1087
  • 1908 Wash. LEXIS 568

Syllabus

<p>Wills — Construction—Estate Devised — Trusts — Descent and Distribution — Rights oe Legatees and Executor. The title to lots does not vest in legatees upon the death of the testator, as provided by Bal. Code, § 4640, in the case of a devise, where a nonintervention will provides that one-half of the proceeds of the interest in certain lots remaining unsold at the testator’s death shall “when sold” belong to a daughter, and the other half to be invested to make a fund for a son on arriving at majority; since the intention is clear, and is to be implied, that the lots were to be conveyed and the proceeds divided by the executor, who is a trustee for all purposes necessary to execute the will.</p>

Judges: Hadley

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