Wilson v. Biggama

Citations

• 73 Wash. 444
• 132 P. 43
• 1913 Wash. LEXIS 1618

Syllabus

<p>Trusts — Compensation op Trustees — Deed—Construction. Trustees in a deed of trust for the purpose of selling lands are not entitled to compensation, where in the deed they agreed to deduct from the proceeds any taxes or expenses paid, and pay one-twelfth of the amount remaining to each of the twelve beneficiaries, as it amounts to an express agreement that all of the net proceeds be distributed, without deduction for compensation.</p> <p>Same — Compensation—Voluntary Service. Trustees for the purpose of selling land without compensation are not entitled to compensation for voluntary services in bringing water to the land and greatly adding to its value'and facilitating sales.</p> <p>Same — Compensation—Deed oe Trust — Construction. The fact that a trust deed for the purpose of selling land recited that the conveyance was made “for the purpose of settling and adjusting the estate of W,” does not show an intent to compensate the trustees as if they were to perform the duties of executors or administrators; especially where the trustees were interested in the land.</p> <p>Costs — On Appeal — Reversal. Upon reversal of a judgment allowing compensation to trustees and refusing costs to the plaintiffs because unsuccessful on the only issue raised, the refusal of costs will also be reversed.</p>