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Keywords

contracttrialwillspecific performance
contractwillrespondentappellant

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In re Arland’s Estate, 131 Wash. 297, 230 P. 157

Facts

In December 1911, Charles H. Arland and his first wife, Mary E. Arland, executed a contract concerning their community property, which included warranty deeds to each other that would vest the survivor with full title upon the other's death. After Mary died, Charles obtained the deed from escrow and later remarried Josephine E. Arland without informing her of the prior agreement. Upon his death, Charles left a will that granted Josephine a one-third interest in his estate, while the remainder went to his children from his first marriage. The trial court was tasked with determining Josephine's rights under the will versus the prior contract.

The foregoing facts are set out in a stipulation which provides that the question to be determined ‘is as to the right of the petitioner, Josephine E. Arland, to the portion of the estate of Charles H. Arland, deceased, bequeathed to her under his last will and testament.

Issue

The main legal issue is whether Josephine E. Arland has a right to the portion of Charles H. Arland's estate bequeathed to her under his last will and testament, given the prior agreement with his first wife.

The question to be determined ‘is as to the right of the petitioner, Josephine E. Arland, to the portion of the estate of Charles H. Arland, deceased, bequeathed to her under his last will and testament.

Rule

Contracts to devise property are valid and enforceable unless superior equities have intervened, and specific performance will be denied when the rights of innocent third parties are affected.

A contract to devise property is valid and enforceable unless superior equities have intervened.

Analysis

The court analyzed the equities involved, noting that Josephine married Charles in ignorance of the contract with his first wife and had lived with him for six years, providing care during his old age. The court found that while there were equities in favor of the children from the first marriage, they were outweighed by the equities favoring Josephine, who had a legitimate claim based on her marriage and care for Charles.

While there are many equities in favor of the appellants, we think they are overcome by the greater equities of the respondent.

Conclusion

The court affirmed the trial court's judgment, ruling that the superior equities were with Josephine E. Arland, thus upholding her rights under Charles H. Arland's will.

The superior equities are with the respondent, and the judgment is affirmed.

Who won?

Josephine E. Arland prevailed in the case because the court found that her equities, based on her marriage and care for Charles, outweighed those of the children from his first marriage.

She married Mr. Arland in entire ignorance of the contract between him and his deceased wife.

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