Clark v. Baker

Citations

• 76 Wash. 110
• 135 P. 1025
• 1913 Wash. LEXIS 1794

Syllabus

<p>Husband and Wive — Community Property — Antenuptial Contracts — Construction—Evidence—Written Contracts — Parol Evidence. ' An antenuptial contract whereby each party released all claim and interest as to the property belonging to the other at the time of the marriage, and mutually covenanted that all property acquired after marriage by the “mutual endeavor and labor” of both parties, over and above what is required for their support, shall be the joint property of both parties in equal parts, is plain and unambiguous, so as to render inadmissible parol evidence of an intent to make future rents, issues, and profits of separate estate their common or community property; and the contract being silent as to the rents, issues, and profits of the separate property of each, they follow the property from which they spring; since the statute Rem. & Bal. Code, §§ 5915, 5916, so fixes the status of such rents, issues, and profits.</p> <p>Same — Antenuptial Contracts — Construction. An antenuptial contract in order to coyer property to be subsequently acquired in a foreign state, must use words making the contract specifically applicable to property so acquired.</p> <p>Same — Husband’s Separate Estate — Evidence — Sufficiency. Where a husband at the time of his marriage, held a contract for railroad land upon which one payment had been made, and after the marriage, the parties engaged in farming operations in which there was no profit, but the husband sold sufficient cattle (his separate property) to pay the balance of the purchase price of the railroad land, title to which was taken in his name, it sufficiently appears that it was paid for out of his separate funds and not out of community property, and therefore it became his separate property.</p> <p>Homesteads — Widow’s Right — Separate Property of Husband— Nonintervention Will. Where the husband, at the time of his death, had made no declaration of homestead, his widow, although there was no issue, is entitled to a ho