Washington Reports Volume 75

Washington Reports Volume 75

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... makes any further change impossible. The binding force of a contract comes from the aggregatio mentiu/m of the parties. The binding force of a will comes from the fact that it is the last expressed purpose of the testator, in regard to the disposition of his property after his own death. While he lives, it is without force or value, but it begins to speak when he ceases to do so, and thereafter is heard in his stead." Opinion Per PARKER, J. 75 Wash. Then, after reviewing the provisions of the document, the court continues: "The singular number is invariably used throughout the will, each testator speaking for himself or herself only, and neither attempting to speak for the other or of the other's property. Each seems to have desired to make the same disposition of what he or she owned. Both adopted the same written expression of that desire, and executed it. The will so made must be regarded, therefore, as the separate will of each testator, as fully as though the will of each had been separately drawn up and signed. There was no joint property or joint devisee. It is not, therefore, a joint will. It is not a contract between the makers in form or in effect. N o consideration passed from one to the other, and none is suggested, except the affectionate interest which this aged brother and sister felt for each other. This moved them to provide for each other's comfort by a life estate in the survivor, but beyond that each gave to the remainder-men only what each owned. Such a will is properly described by the phrase in Evans v. Smith, supra, as a double will. It must be construed and treated as the separate will of each testator who signed it, in the same manner as though a separate copy had been executed by each....show more

Product details

  • Paperback | 292 pages
  • 189 x 246 x 15mm | 526g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236947215
  • 9781236947215