Thatcher v. Capeca

Citations

• 75 Wash. 249
• 134 P. 923
• 1913 Wash. LEXIS 1706

Syllabus

<p>Deeds — Delivery—Evidence—Sufficiency. There was a sufficient delivery of a deed, found among the grantor’s papers after his death, to pass the title to the property, where it appears that the grantor put and allowed the grantee to remain in possession and make improvements, directed in writing the recording of the deed after his death, charged a third person with the duty of recording the deed, and attempted to deliver possession of the deed when death was near.</p> <p>Executors and Administrators — Partition oe Estate — Agreement — Community Property — Presumptions. There is a partial partition of an estate by agreement, without the necessity of an order of court, where the heirs were adults and the claims of creditors were satisfied, and the administrator of community property, in which he had a one-half interest, turned over to the heirs 352,000, the acceptance of which sum implied an assent by the heirs that he take a like sum in his own right; hence there was no presumption that investments made by him therefrom were made with community funds; nor would the heirs, by reason of his subsequent mismanagement of the balance of the estate, have any claim upon third persons acquiring rights under the partial partition.</p>