Moe v. Brumfield

1 Citing case

  1. Stocker v. Stocker

    74 Wn. App. 1 (Wash. Ct. App. 1994)   Cited 6 times

    He apparently concedes the well settled law in this state that an express trust in real property must be in writing and cannot be proved by parol evidence. RCW 19.36.010; RCW 64.04.010, .020; Silhavy v. Doane, 50 Wn.2d 110, 114, 309 P.2d 1047 (1957); Dowgialla v. Knevage, 48 Wn.2d 326, 335, 294 P.2d 393 (1956); Moe v. Brumfield, 27 Wn.2d 714, 721, 179 P.2d 968 (1947); Diel v. Beekman, 7 Wn. App. 139, 143, 499 P.2d 37, review denied, 81 Wn.2d 1007 (1972). He argues nonetheless that the statute of frauds either is inapplicable or has been fully satisfied because: (1) Valene as a third party to the trust agreement had no standing to raise the statute of frauds defense, Lamereaux v. Pague, 9 Wn. App. 640, 513 P.2d 1053 (1973); (2) the agreement was fully performed when the property was conveyed by Loren back to Marvin; (3) there is a sufficient memorandum to satisfy the statute of frauds (the deed from Loren to Marvin), Knight v. American Nat'l Bank, 52 Wn. App. 1, 4, 756 P.2d 757, review denied, 111 Sn.2d 1027 (1988); and finally (4) the statute of frauds was fully satisfied by admissions of the parties of the existence of the trust in open court, Powers v. Hastings, 20 Wn. App. 837, 842, 582 P.2d 897 (1978), aff'd, 93 Wn.2d 709, 612 P.2d 371 (1980).