Duvall v. Healy Lumber Co.

Citations

• 57 Wash. 446
• 107 P. 357
• 1910 Wash. LEXIS 773

Syllabus

<p>Husband and Wife — -Community Property — Descent—Rights of Survivor — Conveyance By. Upon tbe death of the wife, leaving children, a deed by the surviving husband purporting to convey the entire community property, which descended one-half to him and one-half to the children, is not void, but is effectual to convey his one undivided one-half interest, which on the wife’s death became his separate property.</p> <p>Executors and Administrators — Necessity for Administration —Limitations—Descent and Distribution. Under Rem. & Bal. Code, § 1366, providing that the fee title to lands shall vest in the heirs or devisees immediately upon the death of the ancestor, subject to debts, and § 1368, providing that no real estate shall be liable for the ancestor’s debts unless letters be granted within six years after his cfeath, administration upon community real estate is not necessary thirteen years after the death of the wife.</p> <p>Same — Actions by Administrator — Recovery of Land — Unnecessary Administration. An administrator of community real estate, appointed without any necessity for administration, after the expiration of the six years within which letters must be granted in order to charge the land with the debts of the deceased, cannot maintain an action to recover the land, title to which had, by Rem. & Bal. Code, § 1366, vested in the heirs (Rudkin, C. J., dissenting).</p>