Veysey v. Veysey

Citations

• 86 Wash. 553
• 151 P. 39
• 1915 Wash. LEXIS 1038

Syllabus

<p>Executors and Administrators — Decree or Distribution — Vacation — Fraud—Evidence—Sueetciency. The settlement of an estate hy a decree entered after citation and notice hy publication, when the minor, her guardian, and her attorney were present in court, will not be set aside on allegations of fraud and collusion with her attorney, where there was no evidence of the collusion, evidence that the decree was entered in accordance with a prior settlement was circumstantial, and the burden of establishing the fraud was not sustained.</p> <p>Executors and Administrators — Sales — Fraud or Executor— Evidence — Suoticiency. The fact that an executor’s sale of one-half of the stock in a corporation was made for $2,900 and that a few months thereafter the purchaser resold the stock for $3,520 to the executor, who owned the other half, is not sufficient alone to establish fraud; it appearing that the purchaser was an entire stranger at the time of the sale, which was made in good faith without any arrangement for the executor’s benefit.</p> <p>Jury — Jury Trial — Right to. An action in its essence for a discovery and accounting is of equitable cognizance and triable to the court without a jury.</p>