Opinion

Seattle First National Bank v. Crosby

  • 42 Wash. 2d 234
  • 254 P.2d 732
  • 1953 Wash. LEXIS 437
Court
Washington Supreme Court
Filed
Mar 13, 1953
Status
Published
Author
Olson
On the bench
Donworth, Olson
Cited by
23 cases

determining that declaratory judgment concerning the assignment of the principal in a trust was warranted because the interested parties’ rights to the principal had vested

How later courts described this case

  • determining that declaratory judgment concerning the assignment of the principal in a trust was warranted because the interested parties’ rights to the principal had vested

Written by the judges who cited it.

The opinion

Olson, J.

(dissenting in part)—I cannot agree that we should pass upon the validity of the assignments of trust principal and accumulated income (the vested remainder) in this case. Regarding that issue, this action is premature, and any opinion expressed upon it is purely advisory.

The date an action is commenced, and not the date of final judgment, should govern its maturity. This action was started January 31, 1950. The assignments in question cannot be effective until June 10, 1953, the thirty-fifth birthday of Crosby, the assignor. If he does not survive that date, the interests of the assignees are subject to complete defeasance. In that event, all questions regarding the assignments will be moot. No one has or can have a tangible present interest in the determination of their validity while the possibility of defeasance exists.

Further, Crosby, the assignor, if he survives June 10, 1953, may honor the assignments to the satisfaction of all parties and thus prevent any controversy regarding them. His nonaction in the case at bar seems to indicate that such a result is probable.

Schwellenbach, J., concurs with Olson, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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