Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1879-12-05

legal order of descent either with res d ,ct
to themselves in what concerns the inner
itonce of their children or posterty, or
with respect to their children between
themselves, nor derOCate frcm the right
given by law to the husband, as the head
of the family.
SIC %. Nothing in this act contained
shall prevent the lien of a Judgment or
decree obtained against the husband from
attaching to the separate real estate of
the husband, and the community real cs-
tate if the provisions of law now in force
are complied with, as TO the filing of such
lcin in the auditors Office. within the
time now fixed hv law: Irorii,d. That
only onc-half of the community real cs-
lv the husband before marriage: AMI, pro
sid,d Jurthcr, That nothing in this act
shall be - construed as 10 subject the
homestead of husband and wife to such
lien. save only 10 the same extent as now
provided 10y law.
SIC. % The husband cannot select
homestead from the separate property of
the wife.
SIC. - The husband has the right
Notwithstanding the provisions Of this act
Ia give, or otherwise convey to his wife,
by direct conveyance, any right, title, or
interest that he may have in any property,
and the wife Is moi required In acknowl.
edge or execute any such conveyance and
she may show in any preceding affecting
such property, that the same l. II gift To
her notwithstanding" the deed or other
conveyance fails 10 express, tha, il was Il
gift Procj@'d. That nothing herein con
tanned shall prevent creditors of the nus
band when such giit i made to dciraud
them from setting such decd or convey
ance aside and >uhjcc'ing such property 10
their debts.
SO. 2S Ii the wife has Just cause to
arprchcnd that. her husband has mi>man-
aged or wasted her SEPARATE property, she
may apply 10 the district court or judge
thereof Tor the appointment of trustee
to tax" charge oi AND manage hcr srl&-
rate estate: such trustee may, for good
cause shown, be from time 10 tim, t..
moved hy the court or judge Thereof. and
another appointed in his place. before
entering upon the discharge of his trust,
Ii" shall execute bond with sufficient
surely or surc,rS, To hc approved lay the
court or judge thereof, for the proper per-
Torrance of his duties. In ease of the
of Il trustee for the wife, he
shall account for and pay over to the wife
the income and property of her estate; or
the court in its discretion or the judge
thereof, may in place OF IA trustee give to
the wife authority to take charge of and
manage her own estate to the exclusion of
her husband.
SEC. 80. Nothing contained in any
of the provisions Of this act or in any law
of this Territory, shall prevent the hus-
band and wife from Jointly entering into
any agreement concerning the status or
of the whole or any portion of
the community property, thus owned by
them or afterwards to he acquired. to take
effect upon the death of either. But such
agreement may be made ut any time by
husband and wife by the execution of an
instrument in writing under their hands
and seals and to be witnessed, ackn0wl-
edged and certified in the same manner
as deeds to real estate are required to be
under the laws of the Territory, and the
same may, at any time thereafter, be al
tered or amended in the same manner,
Proridfd, howerer, that such agreement
shall not derogatc from the rights of credi-
tors. nor he construed to curtail the powers
of the District Courts to set aside or cancel
such agreement for fraud or under some ;
other recognized head of equity jurisdic.
ton, at the suit of either party
SEC. 30. The rule of common law that
statutes in derogation thereof are to be
strictly construed, has no application to
this act. This act establishes the law of
this Territory respecting the subject to
which it relates and its provisions and all
under it shall be literally
construed with view to effect its object.
SEC. 81 This act shall not be construed
to operate retraspectively and any right
accrued or accruing or lany-
thing done prior to the time this act goes
into effect, shall be governed by the law
in force at the time such right was estab-
lished or accrued.
SEC. 80. All acts and parts of acts in
any manner conflicting with the provisions
of this act or on the subject matter there
Of be and the same arc hereby repealed.
SEC. 33. This act to take effect and be
in force from and after its passage and ap-
proved by the Governor.
Approved Nov If, 1879.