Sturgis v. McElroy

Citations

• 113 Wash. 192
• 193 P. 719
• 1920 Wash. LEXIS 839

Syllabus

<p>Gifts (8) — Evidence—Weight and Sufficiency. To establish a parol gift of real estate the proof must be “clear, unequivocal and definite.”</p> <p>Gifts (1). A parol gift of land must be an absolute, present gift and not a promise or expectation of some future act.</p> <p>Same. To sustain a parol gift of real estate, possession must be given in furtherance of the gift, and it is not sustained by mere proof of possession long prior to the gift.</p> <p>Same. To sustain a parol gift of real estate, permanent and valuable improvements must have been made which cannot be compensated in damages.</p> <p>■Same. To sustain a parol gift' of real estate, the donee must have changed his condition or circumstances or have been induced to forego some benefit or assume some liability upon the strength of the gift, raising an equity in his favor.</p> <p>Same (8) — Evidence—Weight and Sufficiency. A parol gift of land to a son is not sufficiently shown by evidence that the father bought the land, saying he was going to give him the property or a life estate, .which he never did, that, after his father’s death, the son and other heirs gave a quitclaim deed to his mother, who permitted the son to use the property, pay taxes and make improvements which probably did not exceed the rental value, and after the giving of such quitclaim, no words were said to show a present giving.</p> <p>Parker, J., dissents.</p>