Olsen v. Hagan

Citations

• 102 Wash. 321
• 172 P. 1173
• 1918 Wash. LEXIS 946

Syllabus

<p>Executors and Administrators—Claims—Contract fob Services —Evidence—Sufficiency. A decedent’s promise to pay a foster son for past services is supported by a sufficient consideration, where she had promised her dying husband to make the payment, she had taken her husband’s separate and community estate burdened with the promise, and there was a moral obligation on her part to carry it out.</p> <p>Same—Claims—Waiver. The surrender of notes to a decedent in her lifetime does not constitute a waiver of a claim against the estate, where no equivalent was given and the payee was justified in assuming that decedent would subsequently provide for the indebtedness by will or otherwise.</p> <p>Wills—Construction—Payment of Debt by Legacy—Presumption. There is no presumption that a bequest is in payment of a debt due the legatee,. especially where it was less than the debt; and even though the creditor was named as a residuary legatee, where the residuum is uncertain in amount or time of payment.</p> <p>Executors and Administrators—Claims — Joinder — Necessity. The presentation of a claim for moneys expended does not bar the filing, within the time limited by law, of another claim for services rendered, where the two claims were upon separate accounts for different subject-matters; since they need not be joined.</p> <p>Assignments—Right to Sue—Real Party in Interest. Under Rem. Code, § 191, providing that an assignee may maintain an action notwithstanding the assignor may have an interest in the thing assigned, an assignee of a chose in action for the purpose of collection only may maintain an action in his own name as the real party in interest.</p>