Stewart v. Gear

Citations

• 77 Wash. 525
• 1914 Wash. LEXIS 938

Syllabus

<p>Homestead — For Support of Minor Children — Restrictions— Statutes — Construction. The homestead to be set aside, under Rem. & Bal. Code, § 1465, for the use of the widow and minor children of the deceased, where he, in his lifetime, failed to select one, cannot be awarded from his separate property to his children in fee, there being no widow; since the land descends to his lawful heirs, subject to debts and the children’s rights, which would be the same as the widow would have taken had she filed a declaration, and since the court is only authorized to set aside a homestead for the widow and children “for a limited period,” with an allowance for support.</p>