Cook v. Cook

(dissenting) — I agree with neither the court nor the concurring opinion. I would affirm. One seeking to prove a contract with a dead man or lay claim to his property should carry a heavy burden of proof as a matter of elemental justice. The court recognizes that oral promises to make a will or devise property are regarded with suspicion and require very strong evidence to support them. Alexander v. Lewes, 104 Wash. 32, 175 P. 572 (1918); Resor v. Schaefer, 193 Wash. 91, 74 P.2d 917 (1937); Arnold v. Beckman, 74 Wn.2d 836, 447 P.2d 184 (1968). And the law, both statutory and decisional for…