PARTNER

OBJECT ID

ddr-densho-493-6

PARENT COLLECTION

Tomio Itabashi and Frances (Itabashi) Nishimura Collection

DESCRIPTION

Brief for the Supreme Court of Washington prepared by the attorneys for the respondents, Bogle, Bogle & Gates—Edward G. Dobrin. An amended petition submitted by the contestants charged 1) lack of capacity, 2) undue influence by blandishments and promises, 3) undue influence by duress, 4) improper execution, 5) unlawful conspiracy. Document reviews past Washington cases contesting wills as precedent. Reviews testimony of each witness in detail, and prefaces the section "an examination of the facts upon which those opinions are based will readily disclose that the contestants have failed to establish the burden cast upon them." Faucett’s family is described as showing little concern for him during his life and months of illness, during which he was cared for by the Itabashis, but pestering him constantly to make a will. Finally, in a decision, summarizes the case as such: "Faucett in his long experience as a farmer in a community heavily populated by Japanese farmers, was apparently well acquainted with the restrictions on alien land ownership. His regard for Itabashi was such that he wanted him to remain and farm the land he had heretofore been leasing, to the end of his life, returning to his estate the same charge that had always been collected. In addition, he wanted to be assured that Itabashi and Mary in their old age would always have a home, and he gave to the two American born Japanese ten acres of land upon which in 1926 Itabashi had placed a little home which he had purchased, with the further provision that Itabashi and his wife might live thereon to the end of their days….What more natural disposition of his property could he have made?"

CONTRIBUTOR

Densho

PREFERRED CITATION

Courtesy of Tomio Itabashi and Frances (Itabashi) Nishimura Collection, Densho

RIGHTS