Lloyd v. Lloyd

Citations

• 34 Wash. 84
• 74 P. 1061
• 1904 Wash. LEXIS 314

Syllabus

<p>Homestead — Exemption—Administrator's Application to Sell Real Estate to Pay Debts — Selection From Husband’s Separate Property — Descent op Homestead — Rights op Widow. Where an administrator makes application to sell, for the purpose of paying the debts of the estate, the real estate occupied, but not selected, by the deceased as a homestead, alleging that the same was his separate property, and the widow attempts to select the same as a homestead after the death of the husband, and, contests the application, the separate character of the property is in issue and should be determined, since the widow can not select a permanent homestead from the unselected separate estate of her husband to the exclusion of the other heirs, but the same descends to the heirs at law, under Bal. Code, §§ 5246, 6219 and 6222.</p> <p>Same. While such matter is more properly determined upon the final distribution of the estate, the appellant’s claim of a homestead in the premises makes it proper to determine the same upon the application to sell the real estate.</p> <p>Same — Value of Homestead — Prior Ex Parte Appraisement not Res Adjudioata. Upon an administrator’s application to sell the deceased husband’s real estate to pay the debts of the estate, contested by the widow, who selected and claimed the same as a homestead, a prior ex parte appraisement of the same at $2,000, and an order setting the same aside as the homestead of the widow and minor child during the administration are not res adjudioata of the value thereof or of the question of the exemption of the same from the debts of the estate.</p> <p>Same — Selection by Widow — Amount of Exemption — Order to Sell Real Estate to Pay Debts Where Value of Homestead is $3,000 — Contest. Upon an application to sell all of the real estate of deceased to pay debts, which was separate property and which was occupied by him and is claimed by the widow as a homestead, it is proper to order the sale where the court finds upon ample tes