In Re Hamilton's Estate

(dissenting) — I am obliged to emphatically disagree with the prevailing opinion in this case, which utterly disregards our statutes and ignores our precedents, and they are not discussed. It should never become the law of this state. In one thing only is it correct, and that is that the first deed was not accepted or delivered. Showalter v. Spangle, 93 Wash. 326, 160 Pac. 1042.

The deed is in our statutory form. Rem. Rev. Stat., §10552 [P. O. §1908-29]. It was also authorized by Rem. Rev. Stat., § 10572 [P. C. § 1443], which provides for conveyances from a husband to his wife and from a wife…