Smith v. Ferry

Citations

• 43 Wash. 460
• 86 P. 658
• 1906 Wash. LEXIS 728

Syllabus

<p>Homestead — Rights oe Widow — Abandonment. A widow does not abandon her right to a homestead in a certain lot, or-part with her community interest, by giving a quitclaim deed of the same for a small sum in ignorance of her right to claim a homestead therein, where upon learning her rights, she repurchased the lot for the same sum, took up her residence thereon, filed her declaration of homestead, and made application to the probate court for setting the same aside to her.</p> <p>Same — Evidence oe Residence. The positive testimony of a widow that she was living upon premises which were suitable for a homestead is not overcome by proof that the house was small and contained none of the usual conveniences, and that she was away most of the daytime conducting her business in the city.</p> <p>Same — Appraisement. The statute authorizing the setting aside of a homestead to a widow by the probate court from the community real property does not require the appointment of appraisers to determine the value.</p>