Stewin v. Thrift

Citations

• 30 Wash. 36
• 70 P. 116
• 1902 Wash. LEXIS 645

Syllabus

<p>HOMESTEAD-RIGHT OF MINOR CHILD TO SELECT.</p> <p>Where neither the husband in his lifetime, nor the widow after his death, made any selection of a homestead in community realty, a minor child cannot claim one after the death of his parents, as against the other heirs of the community, since Bal. Code, §§ 6219, 6222, which provide for a homestead to the widow and minor children, must be construed in connection with the general homestead law, which has superseded the provisions contained in such sections permitting the selection of a homestead to be made by minor children.</p> <p>SAME-ASSIGNMENT TO MINOR-HARMLESS ERROR.</p> <p>The denial of a minor’s claim to have the use of his mother’s portion of community real property assigned to him upon her death, as permitted by Bal. Code, § 5246, will not be reversed, when it appears that at the time of the order he was within sixteen days of the age of majority, and there is no showing that the use of the property for that limited a period would have been of value to him. I</p> <p>DECEDENT’S ESTATE-ALLOWANCE EOR SUPPORT OF MINOR-NECESSITY.</p> <p>A minor child is entitled to an allowance out of, and not to the whole of, the personal property of his deceased parents, for his support during his minority, and then only upon a showing of necessity therefor. *</p>