Samuel & Jessie Kenney Presbyterian Home v. Kenney

Citations

• 45 Wash. 106
• 88 P. 108
• 1906 Wash. LEXIS 928

Syllabus

<p>Trial — Introduction of Evidence — Objections. Where copies of wills are conceded to be correct copies, and they are treated by court and counsel as being regularly admitted to probate, objection to the want of proper foundation is waived.</p> <p>Same — Appeal — Reservation of Grounds.— Objections to Evidence — Sufficiency. Where correct copies of original wills were offered in evidence and objections on that ground expressly waived, an objection that the wills were irrelevant and incompetent does not raise the point that no proof of authentication or probate was offered with the wills, the probate thereof being on file in the same court, and such an objection to the wills cannot be considered for the first time on appeal.</p> <p>Partnership — Evidence—Sufficiency. A self-serving affidavit, and testimony as to parts of conversation heard twenty years before, are wholly insufficient to show that the real estate of which decedent was possessed for many years was held by him as a silent partner.</p> <p>Constitutional Law — Statutes—Retrospective Laws — Rule of Evidence- — Witnesses—Transactions With Deceased. Laws of 1890, p. 91, amending Code 1881, § 389, with respect to the exclusion of evidence of any transaction or statement by a deceased person, so as to embrace transactions with persons “deriving right or title by, through, or from any deceased person,” applies to transactions or statements prior to the date of the amending enactment, and is constitutional; since it merely declares a rule of evidence and relates only to the remedy, in which there is no vested right.</p> <p>Quieting Title — Defenses—Laches. One who claims to have been a silent partner of a decedent-in the ownership of real estate, is guilty of laches, precluding an action for the quieting of his title, where, for five years after the enactment of the Law of 1890 precluding testimony by him as to transactions with a decedent, he and decedent lived in the same city, and he had ample opportunity t