Parkes v. Burkhart

Citations

• 105 Wash. 586
• 178 P. 830

Syllabus

<p>Trusts (10)—Express Trusts—Parol Proof. Where an heir conveyed an interest in an estate to the deceased’s widow in consideration of the latter’s agreement to will all the estate to him upon her death, the trust, if any, was an express trust, which cannot be established by parol where it affects real property.</p> <p>Executors and Administrators (72)—Claims of Executor—■ Presentation—Pleading. A petition filed by the executor of an estate, seeking to establish a claim in his favor against the estate, if treated as a complaint, is demurrable where it contains no allegation that a verified claim therefor was filed and presented to the judge as required by Laws 1917, p. 675, § 120, which is mandatory.</p> <p>Pleading (199)—Objections—Failure to State Cause of Action. The objection that no claim was presented under the statute of non-claim, may be first presented at the trial by objection that the complaint does not state facts sufficient'to state a cause of action.</p> <p>Executors and Administrators (72)—Claims — Necessity for Presentation and Rejection—Actions On. No contest can be waged by an executor on presentation of his claim against the estate until a rejection of the claim by the judge, and then only by suit on the rejected claim, for the bringing of which the executor must resign.</p>