Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1861-01-05


viz: four years residence and cultiva-
,ion. That is the only requirement
made in that section.
The class of settlers, who could, by
romplianco with the conditions, acquire
u title to Gao acres of land, was described
.s follows, viz: white settlers or occ',-
nontS. American half breed Indians
Included. above the age Of eighteen
Years. citizens of the United States, or
lawn" declared their intentions to be-
come citizens before the first day of
December 1851, resident in the Terri
torv at the passage of the act. or before
december / It 1850, and married before
Dee. 1st 1851. Each settler coming
within the above description could ac-
u,,ire, bv settlement, an inchoatc right
to GAO acres of land, to be perfected by
four years residence and cultivation,
after which the grant is made not to
the wife, but to the settler, one half to
himself and one half to the wife by
virtue of marriage with him, before the
1st of Dee. 1851: he was enabled to
claim as a married man. No action
being required on the part of the wife,
her death would not prevent the per-
lection of the title by the husband, and
hence. neither in the act of 1850, or its
amendments, is it considered necessary
to provide for eases where the wife
might die after settlement and before
the expiration of the tour years resi-
dcncc required by law.
1t is, therefore, decided that Emily
4. Ebcv, has no claim under the Do
nation act, to any portion of the land
claim of her late deceased husband
Isaac y. Ebcy.
DIVISION OF LAND CLAIM.
Tn the matter of Emily A. Ebcy, dow
rcss and widow of |. n. Ehcy, deceased,
rs. the heirs at law of l. n. Ebey and
Rebecca W., his wife, both deceased.
/. In making division of land claim
between husband and wife, the Reg
lister and Receiver will be guided
bv lines and boundaries, agreed upon
by both parties. .
?. Such agreement between parties will
not be set aside on cr portc applica-
ton, of one of claimants.
3. A husband and wife during life hav-
ING agreed upon division, and the
settlement perfected, with such UNI
Outstanding, it cannot be subsequent
ly altered by the surviving party.
DECISION.
1t has been decided that the title to
the claim in question, vests in the three
children Of Isaac n. Ebcy and his first
wife.
Emily A. Ebcv, thc second wife
claims right Of dover, in the portion
cnuring to the late husband. and asks
that the South East half Of the claim,
including the homestead and improve
mcnts may be signed to him.
We agree with the Counsel for the
plaintiff, that where no conflicting inter
cstS are involved, the Register and Re-
ceivcr in mallinya division, should be
guided by such lines and boundaries,
as may have been agreed upon Ivy the
parties, either verbally or in writing,
but it necessarily follows, that such
agreement, should not he set aside at
the request of one party, without the
concurrence of the other.
tits proven by the evidence submit
ted in the case, that until, and after the
death of hi, first wife, it was the intcn-
tio' of l. n. Ebcy, that the improved
per ION of his claim should be assigned
to her.
SO far as we are able to ascertain, the
title was perfected under this under.
standing, and the rights Of the deceased
wife descended to her heirs.
The heirs of both husband and wife
still desire that the claim may be Iii
vided in accordance with that under.
standing. An uncxccutcd will has
been filed, ~ evidence OF change OF
intention on the part of the husband.
This will was made after his second
marriage, and it has not been shown
that he intended to sign it.
1t is decided that the claim of Isaac
n. Ebcy, be divided into two equal por-
tons by line running North thirty
seven and half degrees East, and par
alcl with the North West and South
East boundaries, the North West por-
ton of tho land so divided to be as
signed to the heirs of the husband, and
the South Eastern portion to the heirs
of his wife Rcbccca W. Ebcy.
-
Legislative Procesdin3s---Eighth Session
THURSDAY. Jan. 3.-In the House, the
only interesting procecding,was thepas-
sage of a Bill supplemental to and en-
planatory Of the recent Bill, locating
the Seat of Government at Vancouver.
1t submits the question to the people