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Estate of Phillips v. Nyhus

Supreme Court of Washington
874 P.2d 154 (1994)


Facts

Theodore P. Phillips and Charles and Christina Nyhus (Nyhus) (plaintiffs) entered an agreement to purchase real estate together as joint tenants. On November 18, 1988, Phillips purchased the property and, on July 24, 1989, executed a quitclaim deed explicitly creating a joint tenancy between Philips and Nyhus. On July 19, 1990, Phillips and Nyhus entered an earnest money agreement with a third party to sell the property. Phillips passed away on July 28, 1990. Nyhus brought this action against the estate of Phillips (Phillips) (defendant) in order to declare their entitlement to the entire proceeds of the sale. The superior court commissioner entered summary judgment in favor of Nyhus and denied Phillips’ motion for revision of the decision.

Rule of Law

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Issue

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Holding and Reasoning (Smith, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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