Irwin v. Rogers
Washington Supreme Court
Appeal from an order of the superior court for Spokane county, Kennan, J., entered December 4, 1914, in favor of the defendants, denying the probate of an alleged nuncupative will, after a hearing before the court.
1Opinion of the CourtMorris, C. J.
The only question presented by this appeal is whether, under our law, a nuncupative will is effective to pass title to real estate. Being solely a question of law, the facts are immaterial. Before noting our statutes, it will clarify our reasoning to first briefly review the history of written and nuncupative wills.
In England, prior to the Norman Conquest, freedom of testamentary disposition over land had been established, except as limited by grant and certain family claims. Following the introduction of the feudal system, the power of aliena*285tion by will soon disappeared, save through the…
2Cases cited10 opinions
- United States v. PerkinsSupreme Court of the United States · 1896
- Noyes v. GerardMontana Supreme Court · 1910
- State v. ClarkWashington Supreme Court · 1902
- Lewis v. Heirs of AylottTexas Supreme Court · 1876
- Strand v. StewartWashington Supreme Court · 1909
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3Cited by22 opinions
- Price v. Kitsap TransitWashington Supreme Court · 1994
- State v. DixonWashington Supreme Court · 1971
- Staats v. BrownWashington Supreme Court · 2000
- Estate of BurnsWashington Supreme Court · 1997
- In Re Phillips' EstateWashington Supreme Court · 1938
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