In re the Estate of Lavenberg

Citations

• 104 Wash. 515
• 177 P. 328
• 1918 Wash. LEXIS 1214

Syllabus

<p>Executors and Administrators (60) — Allowance to Surviving Wife — Nonresidents—Statutes. A nonresident widow is entitled to tbe allowance of $3,000, under Laws 1917, pp. 670, 671, §§ 103, 104, providing that the home, household goods and property not exceeding $3,000 shall be set aside to the widow; since the law is not strictly a homestead or exemption law, but is based on charity to prevent dependency and is to be liberally construed; the widow being in no sense a contending party as to creditors.</p> <p>■Same (59) — Statutes (5) — Continuations—Allowance to Surviving Wife. Although Rem. Code, § 1464, restricting a widow’s allowance to $1,000 was repealed by the probate code of 1917 without saving existing rights, Laws 1917, pp. 670, 671, §§ 103 and 104, making the allowance $3>,000 will be treated as a re-writing or amendment of existing laws, in view of Id., g 219, which provides that the court shall have full power and authority to settle the estate in any case where the provisions of the act are inapplicable or doubtful.</p> <p>Constitutional Law (85) — Obligation of Contracts — Exemption Laws. An award to the widow on distribution of $3,000 under the act of 1917, pp. 670, 671, §§ 103' and 104, is not an impairment of the obligation of debts created by the decedent prior to the passage of that act, although it amends the existing law limiting the allowance to $1,000, where the residue of the estate going to the widow under the award was less than $1,000.</p>