Sanpere v. Sanpair

Citations

• 57 Wash. 524
• 107 P. 369
• 1910 Wash. LEXIS 790

Syllabus

<p>Cancellation oe Instruments — Deeds—Validity—Assent—Evidence — Sufpiciency. The evidence sustains findings that deeds and leases executed by an aged couple to their nephews were void and without the assent of the parties, where it appears that the grantors were French Canadians, unable to read or write the English language and had little comprehension of English or of the difference between wills, deeds, and leases; that they set out with the intention to make a will in favor of two nephews for one-third interest in their lands, with a ten-year lease in their favor; but upon deciding to will one-half to their daughter and one-fourth to the nephews, and with that intent, upon the advice of ah attorney that the effect would be the same, they executed deeds for such interests, taking back life leases; and that upon learning of the consequence of their acts, they repudiated the transaction and refused to recognize the leases or accept a division of the crops thereunder.</p> <p>Appeal — Review—Harmless Error — Evidence — Conclusion of Witness. Where attorneys had testified to all that was said and done upon the execution of certain deeds, in the way of explaining their effect to the grantors, who they testified apparently had a perfect understanding of the transaction, .it is not error to exclude further questions as to whether they “explained the nature and character of the transaction”; since the question had already been answered and was objectionable as calling for a conclusion.</p>