Schrader v. Buffum

Citations

• 102 Wash. 299

Syllabus

<p>Appeal — Review — Findings of Fact — Necessity. Findings of fact and conclusions of law are not necessary to sustain a judgment in a proceeding to compel an executor to act upon a claim against the estate, as the same is either of equitable cognizance or a special proceeding of a mandatory nature.</p> <p>Executors and Administrators—Claims—Presentation—Burden of Proof. Upon an issue as to whether a claim had been duly presented to an executor, the burden of proof is upon the claimant.</p> <p>Same—Claims—Presentation-—Evidence—Sufficiency. A finding that a claim was not presented to an executor is sustained, where the story of plaintifi’s presentation of the claim while walking on the street to the executor’s home, without exacting any receipt, is flatly contradicted and without corroboration, while the executor’s testimony was corroborated in some respects, and plaintiff made no inquiry as to the matter for three years, and not until sued by the executor.</p> <p>Appeal—Review—Assignment of Error. The denial of a new trial, asked merely to review the decision of the trial court on the evidence already considered, furnishes no basis for the predication of error.</p>