title:
Virginia N Taylor, Executrix of the Last Will and Testament of Frank E Taylor, Deceased, Plaintiff vs Michael J. Smith, Defendant, Reply Brief of Appellant and Defendant.
title:
189
creator:
Michael J. Smith
contributor:
Miller
contributor:
Stapleton
date:
1891
publisher:
Washington State Supreme Court
type:
Civil
subject:
Estates
subject:
Real Property
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, Clarke County.Action in ejectment by Virginia N. Taylor, executrix of the last will and testament of Frank E. Taylor, deceased, against Michael J. Smith. In December, 1885, one Frank E. Taylor, a major of the United States army stationed at Vancouver, Washington, held the legal title to the lands described in the complaint in this action. By some arrangement with said Taylor, the defendant entered into possession of said lands on the 26th day of December, 1885, and has continuously resided thereon with his family, and made some improvements on the land. The plaintiff in this case is the mother of Major Taylor, who died intestate on the 25th day of November, 1886, leaving a widow and minor children. Soon after his death his mother, the plaintiff in this action, made claim that she owned the land as executrix of the estate of Major Taylor's father, alleging that she had furnished the funds for the purchase of it out of her late husband's estate. She brought an amicable suit against the widow and children of Major Taylor, and on the 10th day of September, 1887, procured a decree of the court decreeing that the land was hers as such executrix. On April 7, 1890, plaintiff began the present suit in ejectment to recover possession of said lands. Defendant answered, admitting the legal title of plaintiff, but setting up as a defense a verbal contract with Major Taylor for the purchase of the lands on certain terms set forth. Judgment for plaintiff, and defendant appeals.Witness – Competency – Contract with Decedent – Where the equitable title to real estate has been decreed in the mother of a decedent, as executrix of her husband’s estate, she having supplied decedent with funds of the estate with which to purchase the realty, in an action of ejectment afterward brought by the executrix against one in possession thereof under an alleged oral agreement with decedent, the evidence of defendant is inadmissible in his own behalf, either under § 389, Code 1881, or the amendment thereof in Laws 1889-90, p.91.One appeal in a proceeding in equity, the supreme court looks at the substance of the case as presented below, and not at any technical exceptions or objections made therein; exceptions which might be erroneous in an action at law will not be regarded as error in a proceeding in equity.
relation:
Smith v. Taylor, 2 Wash. 422 (1891)
relation:
27 P. 812
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf