Goodfellow v. LeMay

Citations

• 15 Wash. 684
• 47 P. 25
• 1896 Wash. LEXIS 277

Syllabus

<p>GIFT BY HUSBAND TO WIFE OF COMMUNITY LAND — LIABILITY FOR COMMUNITY' DEBTS.</p> <p>Where Is-nd has been conveyed by a husband to his wife by a deed reciting that the land is “ to beheld to her separate use,” such land, when the transfer has not been made in fraud of creditors, becomes the separate property of the wife, and is not liable for community debts, which have not been contracted for expenses of the family or for the education of the children.</p> <p>The fact that the wife was not present at the time of the execution of a deed of lands to her by her husband and was not consulted in regard thereto, would not affect its character as vesting a separate title in her, where she has accepted the deed, and it has not been made in fraud of existing creditors.</p> <p>The recital in a deed by a husband to his wife that the lands conveyed were “ to be held to her separate use,” thus in effect constituting a gift to her, cannot be affected by the parol testimony of the husband that his purpose was to make provision for her aDd the family against possible reverses.</p>