Peck v. Peck

Citations

• 76 Wash. 548
• 137 P. 137
• 1913 Wash. LEXIS 1857

Syllabus

<p>Wills — Devises—Distributive or Individual Devise — Construction. A devise to “my son H. E. P. and to his sons” Prank, Roy and Ora, of a two-thirds interest in certain realty, to be divided equally share and share alike, is not a gift to them collectively as a class which would survive unimpaired to the others in case of the death of one of them, but is a specific gift to each individually, and upon the death of one prior to the death of the testator, the same would lapse and fall into the residuum; in view of the rule that a gift to a class is to a number uncertain at the time of the gift, and the rule that a gift to persons indicated by name is prima facie a distributive gift and not a gift to a class.</p> <p>Same — Intention—Evidence—Sufficiency. In such a case no intention to make a distributive gift can arise from the fact that a one-third interest was devised to the widow, dividing the subject of the gift into two parts, where there was no provision for survivorship, and another clause gave the widow the residuum of the estate.</p> <p>Executors and Administrators — Nonintervention Will — Distribution of Estate — By Act of Parties — Evidence—Sufficiency. Under a nonintervention will, which made the widow executrix, and devised one-third of certain real estate to her, and two-thirds thereof to other named devisees in equal shares, the interest of one of whom lapsed by his death prior to the death of the testator, and fell to the widow under the residuary clause, making her the owner of half of the property, there is no distribution of the estate, one-third to her, and two-thirds to the other three devisees, by reason of the fact that she joined with them in a lease which provided that one-third of the rent be paid to her and two-thirds to the other devisees; nor by reason of the fact that she, by making an affidavit that the debts of the estate had been paid, facilitated the making of a loan by the other devisees, secured by a mortgage upon á two-thirds inter