151 Wash. 454 | Wash. | 1929
On April 7,1925, one James Deaver, then a resident of King county, Washington, died at Bremerton, in Kitsap county. He left a will in which he divided his property equally between his two sons, Óscar Deaver and Earl Ramsey Deaver, the latter being, a minor. He appointed the respondent, Walter
The property which the petitioner sought to have listed as property of the estate, was formerly owned by James Dea ver. About a year prior to his de'ath, a deed was executed, bearing his name as grantor, purporting to convey the property to his eldest son. The petitioner attacked the validity of the deed, making three principal contentions: First, that the deed was a forgery, second, that it was without consideration, and, third, that it was not executed with sufficient formality to pass title.
The principal controversy was over the first of the contentions. The evidence introduced as bearing upon it was widely conflicting, and, as transcribed for the purposes of the appeal, it forms a somewhat massive record. To review it in detail, would be purposeless. We content ourselves, therefore, with saying that we have examined it with care, and find that the trial court decided in accordance with its preponderance.
The third contention is founded on the fact that the instrument of conveyance did not bear the impression of the notarial seal of the notary public who took the acknowledgment of the deed. But the deed is not invalid as a conveyance for that reason.. The deed was valid as between the parties, and valid as to all persons claiming under the grantor, except, perhaps, a purchaser of the property for a valuable consideration who took without actual notice of the outstanding deed. Mann v. Young, 1 Wash. Terr. 454; Edson v. Knox, 8 Wash. 642, 36 Pac. 698; Carson v. Thompson, 10 Wash. 295, 38 Pac. 1116; Bloomingdale v. Weil, 29 Wash. 611, 70 Pac. 94; Lynch v. Cade, 41 Wash. 216, 83 Pac. 118; Matson v. Johnson, 48 Wash. 256, 93 Pac. 324, 125 Am. St. 924; Fidelity & Casualty Co. v. Nichols, 124 Wash. 403, 214 Pac. 820.
The order of the trial court is affirmed.
Main, Beals, and Holcomb, JJ., concur.