(dissenting in part)—I concur in the result reached by Judge Donworth with reference to the Seattle and Gold Bar properties, but dissent from the holding that respondent and Miss Reck owned the ocean property as tenants in common. This latter thought is based upon the theory that the record does not show affirmatively that the survivorship agreement was in effect when that property was acquired by them. I think, however, there is sufficient in the record from which a justifiable inference may and should be drawn that the survivorship agreement was made when the two ladies first decided to pool their interests with reference to any and all real estate they might acquire together, and that such occurred before they contracted to purchase any of the properties referred to in the record.
Respondent testified that she and Miss Reck contacted an attorney in 1937 “to effectuate that agreement,” meaning, of course, the verbal agreement as to survivorship. Her testimony warrants the conclusion that they had made the verbal agreement and operated under it for some time, but desired to have it put in some tangible form in view of the fact they both contemplated making an extended trip and desired to avoid complications in the event of the death of one of them. The deeds and will serve as written evidence of their intention with reference to survivorship. The first property the ladies acquired together was some vacant lots in 1925, which they later sold. The next property acquired was the Seattle home, next the ocean property for a summer home and the next the Gold Bar property. Their entire course of dealing indicates that it was their intention to ac*402quire property together and that the survivor should become the sole owner thereof.
I would affirm the judgment in its entirety.