118 Wash. 250 | Wash. | 1922
— John Sanderson died April 2, 1920, in and a resident of King county, Washington. He left surviving him a widow, Alice Sanderson, to whom he had been married since December 25, 1900. He left a will in which Mrs. Isabella Rice, a daughter by a former marriage, was nominated as executrix. The will was proven and admitted to probate and Mrs. Rice qualified as executrix thereof. About the same time Mrs. Sanderson, representing that all the property
Upon hearing the contest, the trial court made findings and conclusions and entered judgment that a portion of the property (designating and describing it) was separate property of the deceased and the residue community property. An appeal has been taken from the judgment.
At the time of his marriage, John Sanderson owned in his own separate right a tract of real property that was sold in the year 1902. All of the property he was interested in at the time of his death was acquired during his second marriage relation. Under our community property system the presumption is that property acquired during the marital relation is community property, but this presumption may be rebutted. United States Fid. & Guar. Co. v. Lee, 58 Wash. 16, 107 Pac. 870; Katterhagen v. Meister, 75 Wash. 112, 134 Pac. 673, and many other cases. With this well settled rule in mind, the case presents nothing other than matters of fact. Not confining ourselves to the arguments and abstracts of the respective parties, the statement of facts in the case has been fully examined, and, with one exception, we reach the conclusion expressed by the trial court upon the written findings of fact entered in the cause. The one exception referred to is this: The trial court found that the home place, lot 2, block 3, Ballard’s Addition to Gilman Park, King county,
■Remanded with directions to modify the judgment according to the views herein expressed. In all other respects the judgment is affirmed.
The administratrix will recover her costs of the appeal.
Parker, C. J., Fullerton, Tolman, and Bridges, JJ., concur.