Garde v. Goldsmith

[167]

LANGDON, J.

Appeal by plaintiff from a judgment against Mm entered upon sustaining a demurrer to the first count of his amended complaint. He was given leave to amend the second count of said complaint, but declined to do so and withdrew the claim made thereunder.

The action was brought upon the following letter, written by Simon L. Selling to the defendant, his niece, and handed to plaintiff in a sealed envelope, to be placed in the writer’s safe deposit box to he opened after his death:

“Tacoma, Wn., Sept. 24, 1923.

“Sept. 24, 1923.

“Sybil E. Lippitt (Lippitt).

“San Francisco, Cal.

“I desire that you pay to Solomon Garde (Solomon Garde) of Seattle, Wn., the sum of $20,000 Twenty Thousand Dollars, and to come from amount I have invested at present in Crown Columbia Pulp & Paper Co., such sum to be paid after my sister’s Rose Selling’s death.

“Carrie out this wish in full

“Simon L. Selling.

“I have no witness—I know you will fulfill my wish.” (Reverse side of instrument:)

“Crown Columbia Pulp & Paper Co. Bonds or other securities issuing from amount bought from Bonds that amount came from original amount that came or was procured from amount that I purchased from amount Crown Willamette Pulp & Co. Paper Bonds.

“Simon L. Selling.”

Prior to writing the foregoing letter, and in 1918, Simon L. Selling had executed a last will and testament and on July 26, 1923, had executed a codicil. These instruments made substantial bequests, among others, to plaintiff and his wife and daughter, and created a trust for the benefit of testator’s sister for life and left the

residuum,

of the estate to the defendant herein, a niece of testator.