Boettcher v. Busse

This is an action to establish an alleged oral contract to make a will in favor of plaintiff. The trial court sustained a challenge to the sufficiency of plaintiff’s evidence. Plaintiff appeals from a judgment of dismissal.

All of appellant’s assignments of error raise the same question: Did respondents waive the exclusionary provisions of RCW 5.60.030, Rem. Rev. Stat., § 1211, the applicable portions of which read as follows:

“ . . . in an action or proceeding where the adverse party sues or defends as executor, administator, or legal representative of any deceased person ... a party in…