Pilcher v. Lotzgesell

Citations

• 57 Wash. 471
• 107 P. 340
• 1910 Wash. LEXIS 779

Syllabus

<p>Limitation op Actions — Recovery of Real Estate — Partition— Accounting. An action for tbe partition of real property and an accounting, brought by children not named in their mother’s will (which devised the property to her husband) is barred by the statute of limitations when not commenced until more than ten years after the husband deeded the lands and surrendered possession to the defendants.</p> <p>Trusts- — Laches—Stale Claim. An action for an accounting and to enforce a trust, whereby plaintiffs’ father was to hold for their benefit lands descended from their mother, is a stale claim and barred by laches, where the same was not commenced until seventeen years after the youngest plaintiff became of age and the father had died after making a different testamentary disposition of the property.</p> <p>Trusts — Express Trusts — Parol Proof. Under Rem. & Bal. Code, § 8745, requiring conveyances to be by deed, an express trust in lands cannot be proved by parol testimony; and to give any standing in court, the trust must be ex maleficio.</p>