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In Re Estate of Lyman

512 P.2d 1093, 82 Wash. 2d 693, 1973 Wash. LEXIS 713
CourtWashington Supreme Court
DecidedAugust 9, 1973
Docket42676
StatusPublished
Cited by26 cases

This text of 512 P.2d 1093 (In Re Estate of Lyman) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Lyman, 512 P.2d 1093, 82 Wash. 2d 693, 1973 Wash. LEXIS 713 (Wash. 1973).

Opinion

Stafford, J.

This appeal is concerned with the validity of a community property agreement executed pursuant to RCW 26.16.120. The agreement provided for distribution of the community property in a manner contrary to the provisions of a will subsequently executed by one of the parties to the agreement.

The Court of Appeals, in In re Estate of Lyman, 7 Wn. App. 945, 503 P.2d 1127 (1972), held that the previously executed community property agreement had not been mutually rescinded by the parties. Thus, although the subsequent will was valid, its terms could be given effect only to the extent that they were consistent with the agreement.

We have heard the argument of counsel, have considered the record, and have thoroughly reviewed the opinion of *694 the Court of Appeals. We approve of the disposition and rationale of that opinion and adopt it as the opinion of this court.

Hale, C.J., Finley, Rosellini, Hunter, Hamilton, Wright, Utter, and Brachtenbach, JJ., concur.

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Bluebook (online)
512 P.2d 1093, 82 Wash. 2d 693, 1973 Wash. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-lyman-wash-1973.