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GREEN v. COOK

No. 32990.

45 Wn.2d 888 (1955)

278 P.2d 402

EDGAR O. GREEN, as Guardian of the Estate of John Elmer Clark, an Incompetent, Respondent, v. FRANK COOK et al., Appellants.

The Supreme Court of Washington, Department One.

January 3, 1955.

Attorney(s) appearing for the Case

Russell H. Fluent, for appellants.

Max Kosher and James Tynan, for respondent.

MALLERY, J.

On May 18, 1953, John Elmer Clark, a man eighty-eight years of age, was adjudicated to be incompetent, in an ex parte proceeding. The plaintiff herein was appointed as his guardian and authorized to bring this action for rescission of an exchange of real estate made with defendants about sixty days previously on March 19, 1953.

The trial court found that, at the time of the exchange, Clark "was...

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