Mason v. Mason

Citations

• 95 Wash. 564

Syllabus

<p>Frauds, Statute of — Orad Agreement for Land — Trusts. An oral promise to convey land to another upon payment of the purchase price is not enforcible as an express trust because not in writing; nor as a resulting trust where there was no part payment by the cestui que trust or other equitable circumstances and the transaction was simply optional.</p> <p>Husband and Wife — Community Property — Payment After Marriage. Where the husband took title to land after marriage under a preexisting oral promise or option, and the same was paid for by the community, it is community property.</p> <p>Same — Community Property — Rights of Heirs — Expenses for Support. Expenses incurred in supporting the family cannot be charged against the interest of a son in his deceased’s mother’s half of the community property even to the extent of his own support, where the burden of such support was voluntarily assumed by the surviving husband.</p> <p>Same — Community Property — Rights of Heirs — Improvements. The interest of a son in his mother’s half of the community land cannot be charged with improvements placed thereon by the surviving husband, either at common law, or under the betterment statute, Rem. Code, § 797, allowing recovery for improvements made by one “bolding in good faitb under color or claim of title adversely to tbe claim of tbe owner.”</p> <p>Executors and Administrators — Claims — Limitations — Issuance oe Letters. Under Rem. Code, § 1368, providing that no real estate of a deceased person shall be liable for bis debts, unless letters be granted witbin six years from tbe date of tbe death, tbe claim for advances made by a second wife to liquidate debts owing at tbe time of tbe first wife’s death cannot be asserted against tbe deceased wife’s community interest, twenty years after tbe death of tbe first wife, no letters having been issued upon her estate.</p>