Warburton v. White

Citations

• 18 Wash. 511
• 52 P. 233
• 1898 Wash. LEXIS 588

Syllabus

<p>COMMUNITY PROPERTY — RIGHTS OP SURVIVING SPOUSE — VESTED RIGHTS — CONSTITUTIONAL LAW.</p> <p>Under the established rule of law and of property in this state, upon the death of one spouse, leaving legitimate issue living, one-half of the community property descends to such issue and does not vest in the other spouse by right of survivorship.</p> <p>The purchase by the husband in his own name of real property with community funds, while Laws 1875, p. 53, giving the surviving spouse the whole of the community property, and Laws 1873, p. 450, giving the husband the management and disposition of community property, were in force, would not give the husband such a vested right of survivorship in the realty, in its nature proprietary and contractual, as to be beyond the power of the legislature to impair by subsequent legislation.</p> <p>Section 2 of the act of 1875 (Laws 1875, p. 53), giving the surviving spouse a right of survivorship in community property cannot be held as conferring a vested right, since to that extent it would be unconstitutional as not being embraced in the title of the act, which was one “to regulate the descent of real estate and the distribution of personal property.”</p>