Nyman v. Erickson

Citations

• 100 Wash. 149
• 170 P. 546
• 1918 Wash. LEXIS 712

Syllabus

<p>Public Lands — Homesteads — Death oe Entryman — Right oe Heirs—“Citizens.” An heir of a homestead entryman, born in the United States of foreign born unnaturalized parents residing in the United States, is a citizen of the United States within U. S. Rev. St., §§ 2291, 2292, granting to heirs who are citizens of the United States the right to prove up and receive patent on death of the entryman before final proof.</p> <p>Same. In such case, it is immaterial that the heir was an infant incapable of taking the oath of allegiance under Id, § 2291, since § 2292, provides for a sale and application of the proceeds for the benefit of such minors.</p> <p>Same — Final Certificate — Suspension •— When Title Vests. Where a final certificate “to the heirs” of a deceased homestead entryman, issued on proof made by one not an heir because only of collateral kindred, was suspended, and thereafter patent issued in accordance with the final certificate, the patent inured to the benefit of heirs who had become citizens since the issuance of the certificate at the time the patent was ordered; since the title did not vest while the final certificate was suspended.</p>