Murphy v. Neylon

Citations

• 46 Wash. 574
• 90 P. 916
• 1907 Wash. LEXIS 666

Syllabus

<p>Husband and Wife — Community Property — Deed—Effect of Recitals. Recitals in a deed to a husband to the effect that the land was his separate property, do not affect the community character of the land where it was purchased with community funds and the wife was unaware of the recitals.</p> <p>Homestead — Widow—Selection. The widow is entitled to claim’ a homestead in community land purchased for that purpose and occupied as a home by the deceased at the time of his death, although not previously selected as a homestead.</p> <p>Same — Abandonment. A widow is not deprived of her homestead rights by the fact that she was driven therefrom by her husband without cause and not permitted to return, where she never evinced any intention of abandoning the same, and the property constituted the home of the husband at the time of his death.</p> <p>Same — Allotment. Pour lots in one tract may he set aside to a widow as a homestead, although there are two houses thereon, one under lease, where the whole tract was purchased for a home, was less than $1,000 in value, and the evidence as to the value of the buildings is not clear, one appearing to he a mere shack.</p>