Legal Opinion · Dissent

In Re Estate of O'Brien

Washington Supreme Court

Decided January 28, 1988No. 53703-8Published

1DissentDore, J.

(dissenting) — The majority holds that two deeds *920are effective to pass property at death even though the deeds were neither valid inter vivos conveyances nor valid testamentary dispositions of property. In so holding, the majority radically alters the long-standing requirements for the effective conveyance of property by deed and misconstrues the nature and purpose of RCW 11.02.090.1 dissent.

Analysis

Mary O'Brien attempted to use two deeds to make a testamentary disposition of her Seattle and Camano properties to her daughter, Peaches Robinson. In Washington, a deed can operate as a "will…

2Cases cited5 opinions

  1. Pier 67, Inc. v. King CountyWashington Supreme Court · 1967
  2. FIRST NATIONAL BANK IN MINOT v. BloomNorth Dakota Supreme Court · 1978
  3. Juel v. DollWashington Supreme Court · 1957
  4. In Re Kirkpatrick's EstateWashington Supreme Court · 1926
  5. Severson v. First Baptist ChurchWashington Supreme Court · 1949

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