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Reagh V. Dickey

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eBook details

  • Title: Reagh V. Dickey
  • Author : Supreme Court of Washington
  • Release Date : January 18, 1935
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

HOLCOMB, Justice. This a suit for specific performance of a contract made under Rem. Rev. Stat. ] 6894. The action was brought by appellants as trustees under the will of Charles Schalkenbach and as trustees of the estate of Minnie Wood Schalkenbach, under and by virtue of a contract executed on June 23, 1926, by and between Charles Schalkenbach and Minnie Wood Schalkenbach, his wife. The defendants below, respondents here, are the executors of and beneficiaries under a will of Minnie Wood Schalkenbach dated November 2, 1928. In the contract of June 23, 1926, there were mutual promises not to revoke the mutual wills of same date. In their pleadings, respondents cross-complained and asked that appellants be held to be trustees of the estate of Charles Schalkenbach for the benefit of the beneficiaries under Minnie Wood Schalkenbach's will of November 2, 1928, but at the trial all of the respondents, with the exception of Mollie Pierce Moller, abandoned their cross-complaints, and waived all claims to any part of the estate of Charles Schalkenbach. At the conclusion of the trial the judge made findings and conclusions and entered a decree denying appellants any relief, holding that the contract of June 23, 1926, was void, and directing distribution of the estate of Minnie Wood Schalkenbach according to the terms of her will of November 2, 1928. The


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