Nichols v. Capen

Citations

• 79 Wash. 120
• 139 P. 868
• 1914 Wash. LEXIS 1155

Syllabus

<p>Appeal — Preservation oe Grounds — Exceptions to Findings— Review. Failure to except to findings of fact does not entitle respondent to a dismissal of the appeal, since there remains for review the question whether the findings support the decree.</p> <p>Trusts — Express Trust In Land — Parol Prooe — Admissibility. Where a conveyance was made to a son, who was acting as administrator, for the purpose of disposing of the lands to pay the debts of the estate, under his agreement to reeonvey all that remained after payment of the debts and final settlement, there was an express trust, and not a trust ex maleficio, and therefore .it could1 not be established by parol evidence.</p>