Swash v. Sharpstein

Citations

• 14 Wash. 426
• 32 L.R.A. 796
• 44 P. 862
• 1896 Wash. LEXIS 384

Syllabus

<p>STATUTE OF FRAUDS — PAROL AGREEMENT TO DEVISE LANDS.</p> <p>A parol agreement to convey real estate by will, made in settlement of a law suit, is not enforceable under the statute of frauds, when there had been no act of part performance on the part of the decedent, although valuable rights may have been relinquished by the intended devisee in consideration of the contract. ( Dunbar, J., dissents.]</p> <p>A parol contract to devise a certain portion of one’s estate, including both realty and personalty, is void under the statute of frauds, for the reason that being void in part it is void as a whole.</p>