Scott v. Stark

Citations

• 75 Wash. 610
• 135 P. 643
• 1913 Wash. LEXIS 2254

Syllabus

<p>Husband and Wire — Rights or Survivor — Estates Less Than $1,000 — Release—Contracts—Validity. A contract between a husband and wife providing that upon the death of either, the survivor shall not receive any right or interest in the separate property of the other, is to be strictly construed, and does not prevent a widow from taking advantage of Rem. & Bal. Code, § 1464, providing that estates of less value than $1,000 shall be set aside for the use and support of the widow and minor children; since the same is analogous to statutes providing for homesteads in property of deceased persons to prevent dependency, and cannot be abrogated by private contract; and since, in the case of real property, the wife’s interest could be conveyed only by deed.</p> <p>Descent and Distribution — Estates Less Than $1,000 — Rights or Surviving Wire — Statutes—Implied Repeal. Rem. & Bal. Code, § 1464, providing for the setting aside of the whole of estates of less than $1,000 for the use and support of the widow and children of the deceased, was not impliedly repealed by the act of 1895, Id., § 528 et seq., providing for the selection by the surviving spouse of a homestead of the value of $1,000 out of the real property of the deceased; since the acts are not repugnant and repeals by implication are not favored.</p> <p>Statutes- — Title and Subjects — Scope. Rem. & Bal. Code, § 1464, providing for the setting aside of estates of less than $1,000 for the use and support of the widow and children of the deceased, is germane to the title of an act entitled “an act relating to proceedings in probate,” and amending specified sections of the probate code, although the section amended was not enumerated in the title.</p> <p>Descent and Distribution — Provision eor Support oe Widow- — • Title to Estate Set Apart. Rem. & Bal. Code, § 1464, providing for the setting aside of estates of less than $1,000 feu; the use and support of the widow and children of the deceased, does not place any li