WILKES v. O'BRYAN

No. 43789-5-I.

989 P.2d 594 (1999)

98 Wash.App. 411

Kenneth WILKES, Cynthia A. Hale and Norman Wilkes, Appellants, v. Daniel O'BRYAN and Mary Helen Morelli, Personal Representative of the Estate of Annette L. Wilkes, deceased. Respondents.

Court of Appeals of Washington, Division 1.

December 13, 1999.


Attorney(s) appearing for the Case

Andrew Toft Nielsen, Everett, for Appellants.

Patrick James Morrissey, Morrissey & Sloan, Okanogan, David Earl Duskin, Arlington, for Respondents.


AGID, Acting C.J.

Annette and Thomas Wilkes executed a community property agreement which purported to vest a "fee simple" estate in the surviving spouse, but also provided that upon the death of the second spouse, the residuary estate should be divided among their melded family of six children. Arguing that community property agreements may be used as will substitutes to pass property to third parties, Thomas's three children contend that this agreement created a...

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