3 Wash. Terr. 178 | Wash. Terr. | 1887
delivered the opinion of the court.
The defendant, Ezra Meeker, was neighbor and friend of one John Walker and his wife Margaret in 1869, when Walker died.. Mary I. Walker, the grantor and lessor, was then a child of eleven years, the daughter of John and Margaret Walker. The mother with her said daughter left the territory and migrated to New Jersey, and afterwards to New York. In June, 1876, the mother died. Neither the estate of the husband nor wife was in debt. On the 26th of April, 1879, Ezra Meeker took out letters of administration for the sole purpose of collecting rent and recovering possession of the land in question. While acting as such administrator, on March 1, 1880, he procured from the sole heir, Mary I., his first lease, which he claims was the beginning of his term, by virtue of which he now claims to hold. After he was thus in possession for a term of three years, and when that lease had still a year to run, on October 1, 1880, he procured his second lease of extension, which, If not terminated by the revocation of Mary I., is the
The evidence, after being carefully examined, appears to warrant all the conclusions of fact found. These facts are sufficient to sustain the judgment. Were this not so, there is a defect fatal to the defendant’s right, which is shown by the evidence. While it is admitted that there were no debts owing by the estate, yet letters of administration were taken out by defendant. This ipso facto made him trustee for the heir, or at least he is estopped from denying that he was such. Indeed, there being no creditors of the estate, administration and the expenses thereof was unnecessary, if not illegal. While thus trustee of Mary I., he procured the first lease from her. The defendant after this procured what is called the extension of the lease. It is claimed that this was an act done after the trust relation had ceased. When it is considered that he had been the trustee of father,
We find no error in the proceedings and judgment of the District Court, and the judgment should be affirmed with costs, and it is so ordered.
Greene, C. J., and Turner, J., concurred.