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McCOY v. WARE

No. 3098-9-III.

25 Wn. App. 648 (1980)

608 P.2d 1268

CHARLES WILLIAM McCOY, Individually and as Executor, Appellant, v. VERLA MAE WARE, ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

As amended by order May 15, 1980.

Attorney(s) appearing for the Case

Clinton J. Henderson, for appellant.

Scott C. Broyles, for respondents.

[As amended by order of the Court of Appeals May 15, 1980, revising the concurring opinion.]

GREEN, C.J.

Plaintiff Charles McCoy appeals a judgment denying his request for the imposition of a lien on the separate property of his deceased spouse, Mildred, in an amount equal to the increased value of the property from the time of their marriage until her death. We remand for further proceedings.

The pertinent facts are undisputed and may be summarized...

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