IN RE 1934 DEED TO CAMP KILWORTH

No. 37015-8-II.

201 P.3d 416 (2009)

In the Matter of The 1934 DEED TO CAMP KILWORTH; The Estate of William W. Kilworth, deceased; The Estate of Augusta L. Kilworth, deceased; The Estate of Florence B. Kilworth, deceased; The William W. Kilworth Trust and The Florence B. Kilworth Trust.

Court of Appeals of Washington, Division 2.

February 24, 2009.


Attorney(s) appearing for the Case

Robert G. Casey, Attorney at Law, Jennifer Ann Wing, Eisenhower & Carlson PLLC, Tacoma, WA, for Appellants.

Patricia Ann Richardson, City of Federal Way, Federal Way, WA, G. Perrin Walker, Attorney at Law, Neal Harold Luna, Attorney at Law, Scott David Winship, Vandeberg Johnson & Gandara, Tacoma, WA, Jeffrey Todd Even, Office of The Attorney General, Olympia, WA, for Respondents.


HOUGHTON, P.J.

¶ 1 In a 1934 deed, William and Augusta Kilworth conveyed land to the Boy Scouts of America. The deed provided that the land would revert to the Kilworths or their heirs if the Boy Scouts sold the property or stopped using it as a scouting camp. The Boy Scouts sought to have the reversionary clause removed from the deed through the court's equity jurisdiction, enabling them to sell Camp Kilworth for funds to further benefit the Boy Scouts. The...

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