Moore v. Coey

Citations

• 33 Wash. 63
• 73 P. 768
• 1903 Wash. LEXIS 489

Syllabus

<p>Appeal—Review—Harmless Error. Error in the admission of .evidence is harmless where there is a trial cLe novo on appeal.</p> <p>Administrators—Contract to Act Nominally—Validity— WaiveIj op Fees. Where a surviving husband acquires all the interests of other heirs in the communtiy realty, and there are no debts, he may employ a person to act as administrator in a formal manner for the purpose of clearing the title, under an agreement waiving the statutory fees allowed administrators, and without surrendering possession or giving up the management of the estate.</p> <p>Same—Statute of Frauds—Performance Within One Year. Such an agreement, not in writing, is not void as against the statute of frauds because not to be performed within one year, since it was but a waiver of rights, calling for no specific thing to be done.</p> <p>Same. Moreover the necessity of such duration, not the expected duration, is the test, and does not bring such contract within the statute.</p> <p>Same—Part Performance—Estoppel. After part performance of such a contract, by accepting the office, the administrator will be estopped from alleging its invalidity.</p>