The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-07-29

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sssfute the t&sfs for separate ffslSFTy. gae
code ant nothing bat the cete fxes the
stains Of saeh property.
section z.sl7 q tns e14te Of Washington
1 Territory. being the next 70 the last section
o. toe chapter axsag the rtghts Of uaF-
{ rfF.ef. persons, contains ta4s language
'sTfIs chapter establishes the iaw IF THE
I territory fespegfisE the satSgecs ~ Shsen u
relates. aud its rf9s is8osS and al EFssceesi-
/ lnxs ussdsr il snail lie literally construed
Nth viex 10 eject is ohjset. 80 fsr -
/ the questions of 3sw SIRE Concerned can
! not .se 6gf What the only Ia. there j. at
fseting the f.eh,s 81 Married persona III
/ ttsls territory IL 70 be found oDly in The
words Of the code. The only question I'll
erty acquired. Was il acquired by glft.
devise or inheritA3ee, or FROM rents, issues
or profits oi separate property DeviiH
on deeds, section NJ. and authorities there
I cited.
I wRkT MS. YEsLER fSREaETgD.
! II IL true that Mrs Yesler Inherited and
I received about 81 200 sn ali Ia variou,
amounts extending over period OF about
/ twenty years. The greatest amount N.
peiyeI ~ enc time was ss6. May T. lssS
TIE frsf property taken in Mrs. IesIer'.
+ name Ses IN Ira. and that she paid Roth
/ ing FOR. The next properly taken In he;
/ name WIS in ISIS According % an sxhibst
/ filed in this matter she received from at
/ esEats ia iS73 the sum oI s545 50, ia ~.
81 ~. No other money OF any co;lS,.
/ auence wss received except 500 from tbt
essAte OF David BusgrTt. which was received
/ about She Sth day 81 January. is-g aDG
tbefe r. no evidence that would even raiss
presumption that ihi= identical $600 ea
4 tered into any 0i the purchases oil the prot.
! erty claimed 10 be the separate property "a
I Mrs fesier. The evidence shows that Mr.
| fesler made ngmter OF bad investment.
! and lost a considerable amount OF money
aud spent some in travelling during ihess
4 years IA when she received these small
F! amounts By inheritance. IL appears from
/ the evidence that she paid out about 81 az
/ In assessments and for stock in some Kind
/ oi tunnel mining company, ana u 30 in 4
patent tax roll. all of which brought ia
/ returns " whatever
| ind nothing in the evidence to Justify
iindirs' that any portion of the properfy
/ taken ia the nasae of Mrs Yesler was pur-
chased by money inherited. II appears
also from the evidence that Mrs. Yeslel
! had the privilege of using the community
FUNDS about a. she Pleased. she received.
money from rents aud other sources from
/ TIE separate property OF hnr husband and
( from the community property. Partial
/ list OF which sworn TO by Mr. Yeslsr
I ana file3 herein as exhibit Nv. f" show,
| that she received exclusive use 81 the
money borrowed Of star. being g.. ECO over
4 $4,000. In she shsenee of any testimony
/ 20 the contrary VI seems to lne quite a,
( reasonable 10 suppose that this $1,000 or
/ SEINE portion OF it went into these pur.
I ehases as 10 Is 10 suppose that all the money
| she iosi Was community motley, aud the
/ <i,stp which was received III various
amounts from $40 np 10 ,6eo, extending
t over period oi twenty years. was invested
| exciisIveiy IN the property which Mrs
Yesler purchased between the years 1874
and issi The evidence is clear that Mrs
/ YeslCF received no rents from her separate
property, and of course cGuld make no
| investments tEerefroin.
yupGE osBesN's CONCLUSIONS.
/ Upon the whole. / End but the one piece
% land. the wilson properly above men.
/ toned, which shows by the Dc Ia be sep.
/ aratc property, and the facts prove that She
/ acquitted this 10y gift
/ 90 course the donation c'sim Of Sarah r.
fesler is admitted by all II be- separate
/ pTcpe ysy, aud SO ind
! Tbs ten acres Of land 10 the donation
claim, which was donated to the street
Cahle.t'sr Ccmpau viii be provided Tor
a. counsel may s&ree nYon.
I There Is no dispute Is to who Is the heirs
F and 20 RhuH distribution should 10 ,rasle
( Al The right. title and interest in com.
muniiy properly, which Sarah u. Yesler
owned. VII go Tea her surviving hns.
bend. Henry l. Yesler Code sec. 1850.
( oiie'haii Of all the property foand 10 be
I the separate property oi sarah Il Neslcr
I Viii go 70 Henry l. Nesier, aud the other
BAH OF TIE separate property will be d.
/ Fidcd aud distributed In equal shsres 10
( the btuthers and sisters Of sarah H. Yesler.
t0.wt Elizahtih Wilson Adam Rurr.
ert, Catharine BurRert, MARI Ann Bursert
ttVoFse W tafgert. James y Rureert
Amanda Harl. Amos Bargert and In
einta HOschSietti,T Code sec. 3.sNa
The money ard personal property ia the
hands ~ the administrator as shown hv
BIS nnai report, aud sll other MONEYS that
NAV have come into his hands since then,
after paying thc seorued and eeeFusng ,N-
penscs OF administration, viii go TO Henry
!. Nesler, the surviving husband Code,
secs @,iss2 aud S.stC. and see 1876
decree II distribution ma, he prepared
in accordance with the findings aud
opinion above stated, aud the Necessary
F0eeclings will Dc taken for the partition
ati division of said estate as required by
soctieD l.ass and subsequent sections 81
the coiC ga relation To distribution of
estates. RICHARD OSBORN,
Judge of Probate Court.