Legal Opinion

In re the Estate of Miller

Court of Appeals of Washington

Decided September 14, 2006No. 23802-4-IIIPublishedCited by 6 opinions

1Opinion of the CourtKulik, J.

f 1 Clifton Eugene Miller, Jr., died in March 2003, and his wife died a few months later. The Uhlmans, the four children of Mr. Miller’s second wife, appeal the trial court’s finding of a $57,582.83 loan to Mr. Miller’s estate. They assert the money was a gift. Over objection, the court admitted testimony from Mr. Miller’s mother and his daughter that the money was a loan, not a gift. We conclude that the mother’s testimony was inadmissible under the feelings and impressions exception to the “dead man’s statute.” However, we agree that the daughter’s testimony was admissible. We affirm the…

2Cases cited11 opinions

  1. State v. J.P.Washington Supreme Court · 2003
  2. Landmark Development, Inc. v. City of RoyWashington Supreme Court · 1999
  3. Hafer v. SpaethWashington Supreme Court · 1945
  4. Diel v. BeekmanCourt of Appeals of Washington · 1972
  5. Jacobs v. BrockWashington Supreme Court · 1968

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3Cited by6 opinions

  1. Estate of DimondSouth Dakota Supreme Court · 2008
  2. Channary Hor, Appellant/cross-resp. V. City Of Seattle & Adam Thorp, Respondents/cross-app.Court of Appeals of Washington · 2021
  3. Channary Hor, Appellant/cross-resp. v. City Of Seattle & Adam Thorp, Respondents/cross-app.Court of Appeals of Washington · 2020
  4. In Re The Estate Of Donald Lewis CrossCourt of Appeals of Washington · 2018
  5. In re the Estate of: Willard F. JohnsonCourt of Appeals of Washington · 2017

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