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


- been h litigation in the probate eosgrt
~ oDsne time.
FINDINGS sy TsEs COST
&. The Probate Court of King counsy,
yoGh1ngton Territory. Ia tae mssser OF
- eeeaao Of sarah y. fesIsr, decreased
1D4l0eD 81 fsw and OF facts ard tie egsn
Il q &c cosst on hearing the petstion for
111ls1butt0n.
up1n hearing the petition for aissrsba.
Qon !. X Lewis appeared ss counsel CA -
Aon ~ the administrator, and JanEss
1oe1enlef on behalf ~ Lseta6a sissef4s 81
0eE, one OF the heirs Tie bsksssaa faF
11Qex1but3o0 eexs foyta thai al tlss property
0medbed In the petition was eDfa ssEFitg
property except the douassofs Rsxisa %
pen1t0u are deGied by Lsseiuda Hes as tel
tteg, Through her attorney, DO claims tsms
Al The property dsser.tsesi Ia tizs petition
yas fhe separate property os SARAH T. sss-
kT. decensrd
After hearing the Testimony proearssI By
ne respective parties and tss srgsssefsss
q e0uHs<el, II Dow deTSEsss HTssu the sxfs;s =
- Determine. II possible shat tsse las asasi
the faets sre ia relation 70 sise nssisy u
eontr0yersy
brses statement 81 : few nntslspnfsd
facia viii be made. Henry l. fesies and
sassh y Yssler we're bslsa.aia.i sal si i.
md resided together ~ hgsbsfsI ard xffe
~ this territory from a1ssat tas year i1's
until the time Of the deatIs of the ssiss
narnh B. fexier which occurred Ga the
9th day 81 August, is.s. she dyIag iates-
tate, and without tssns. leaving sfsFxss sng.
her husband, Henri /. feslsss sud hef
bfo1hen snd ssstsrs hxTain named As nsf
only heirs. The frat property acquired ~
these pafties was xisk s. kno~n - TIE
fesier donation claim. Hf. iesssT feeefs-
ing patent for the west half 81 sbe do
nsfiof claim and rassl4 D. leslsf, his wife,
the east hail thereof.
II IL admitted by counsel that the law OF
the uaited States under which THIS soas
ton claim was acquired made toe fsssec-
ttse eialms OF each 81 thAxe PARTIES faaFg.fl
separate property. Tbs donation elatEn oi
Henry L. Yesier was The most valuable. b.
Ing nearer the central part Of what ~ now
the city OF Seattle. anu considerable Per
lions tfiercof were improved and sod al
various times BY Henry 4. fssaef. The
east half OF said donation claim heiolsgSEg
70 Mrs. Yesier. ~ the evidence shows, rs'
mains intact. 40 IsaiiJa OF i having bzsen
sntd
The first real estafe acquired By Satan b
iesier after the entry os the donation
claim In . tract ~ land kuous 81 The
'sWilkon place. containing fh1 acreas M
farther description Hsed b given here,
. the identity oi fhis tract IS easily q sesi.
This property Was conveyed By deed dated
June "a, is7a, and was conveyed hy Frank.
Grafton named being 500. After Inc dc.
nCFiptiun OF tho land ia tbs deed the ios-
lowing words appear. The same 10 be her
separate property, free from al contFd 81
her husband, II. l. Yesler. AZ the time
this property was acquired the lsw fegu-
infing the rights OF property Of married
perFoHs WAS fixed by the act Of the terri
tortaI legislature. entitled al act pefaIng
the rights Of persons aud property - nj
fected by marriage" TiIfs net sks al
proved November ~. ISL.
RIGHTS or MARRIED fRRSoss.
Section OF that act provides Is foIlows,
to-wif: THAT all property owned By me
husband or wifi. 1t the time OF marriage,
and ali property acquired by either 81
them during the marriage by gift. devise,
descent. bcquest or Inheritance. aud Rii
property purchased or credited With the
separate funds II either during the mar.
Rage and designated a. separate property
~ per deed or inventory, IN accordance
with the provisions OF this act. shall be the
separate property OF each respectively, the
same ~ though no marriage existed.
This act further provides how the claim
Of separate propfty shall be made BY
making an inventory Of the same afIi nav
Ing IL recorded, 10 Ia claimed by Henry l.
Yesirr, ~ we'll ~ by the administrator OF
the estate pf Sarah Il, fesler, that inc tract
ct land above referred Ia was community
property. Lucinda Hoschsiettlsr, sister
OF the deceased, through her attorney.
claims that under the Law and the facts
eafd tract was the separate property OF
sarah b, Yesier, Before distribution and
partition Of thls estate can be had the
question OF whether this property, az well
~ the balance OF the property belonging 60
the estate of Sarah u. Sesier was euinmnu-
lily property OF the separate property of the
said deceased must be determined
From pretty thorough examination al
eli the authorities cited by counsel aud ali
other authorities relating "a community
and separate property OF husband aud
wife. ! find that the authorities are almost
Unanimous. IL not quite 50. In support If
the proposition that all property acquired
during marriage is presumed 10 be roEn
mnfiity property, and like al other pre-
SYMPTOMS relating to title by deed that
the presumption Ia very strung and can ne
overcome only By the cicaFest proof OF the
contrary. Aud the burden of rfsksf Is ut.sn
the party who seeks Ga show that ,sfayersy
acquired daring marriage 10 separate prop
eFty. Desiin ON payds. sections So and
h6s. Go Cal, II; II Cal ISL 1%Cai., sss. 81
Texas, 5s5; 90 Texas. ~; 5, Am. ice ll0.
An opinion of Justice Field In The case OF
Meyer vs.. kinslet. II Cal, asS 81, assfyss
the law of this case fully, believe. Ra3,
however, II the deed uiznn It's fnfe s.ts
forth or declares the property conveyed 30
be separate property this presumption ul
~ Texas 2i5; 30 Texas, az. II Cal. sc II
viii BE- observed that thts deed on Us face
states that the property deseFthed Is 81 be
held - her separate property, ffee ora
all control OF her husband. THIS resital
we think would raise the presumption,
that the property conveyed Was the sope-
rate property OF the grantee. although this
presumption | do 10; consider a. roaSit
siye. There are other facts that mast *
list IL must have been acquired IN one 81
the ways specified IN The acg. bat Is a3asi
be designated As s7itfh by deed or ti1Yen.
tory In accordance with tho provisions Of
the aet We nnd that this property was
afterwards snyetlsoftcd as separate prop.
erty. The only evidence slasat toe son
siderAfion Tor this property il given is
Henry l.. Sosler htm$sif III testified that
he traded some bots beloneinE 10 himsull
In the city ef seattle ta John Nilsson hy
deed dated April -, 1873. a. shawu hy al
ssrAsf nied hcFein by the administrator
Henry l. NesleF sitcrward S conveyed thls
tract Of land % ffaakaa Matthias The
consideration named Ia the deed was 500.
bnt Mr. Sssler testified tkat Matthias dfi
nes paw hiia anything Ter this protscftT
aud that Matthias cunveyesi the same ufnr
erty to Sarah D. fesiur. sud that 80 con
Alteration was paid % hes HE fuFsavr
states on oath that he convened thik pr,sp
srty "a Msthiss for the express purpose a.
haylne Matthias deed IL "a sarah Il Ns.alaf
and that his motive FOE so dosux wss ta
Put this property into tbs hands II Ms.
fesies Ia otsieF 10 save Il ifoa eFv3itars
IT was eoNNeSfEy PROPERTY.
That he at thas ,imc was ~ ,iehs ana ia
fact was in that uonditiun al,ssu.st cautsna-
onsly. Every person l. prssasae,g 90 kaew
the Law, and MF. Yesisr no esauh; kaep
that the ansese deciding Of ih8- property "a
Mira Neslef wOuid uos kwep il 0af n thf
hands of creditors eoezsse il aotat ysg la
community delGs TIE "pls ,hies 49,.
would exempt This property fram. eas9
munssy csess uf she - p&ratr ashfs ~
Henry l. lesier would a. Ea seSt is. az
posxshie. ta Mrs lcSlvF - her ss,e ana
attempted seossssnoe fo5 the IA s,sss4 81
patftss lhss property oUt ~ taa reach ~
creditors VAS VOID ~ - such gnrsstser ves
the face al The deS.i gruas Matthias a. Mr.
leSsef. and tha text.saany ~ NssieF al
ernd Ia show tnAt i Was snts ndgg hy a.
parties Ia theSe ixcsfs thai tbss SHOULD b,
separate pgopstiY. Ne consideration $50
paid ts Ms, SvSlcf n hAteyNv. ana. snefu
lore. We tlnd ia ghss gnn 81 the essential
elements ii = EsN, Walsh, rentGaA y fth
the testimony ~ Mr. Nrslsf. 9n nsuss rad
thai this tEsss a laad - q ksff aas gAst
all tie essential requirements of the
statute In order ~ gaake is fha sssgszHssss
property ~ sarah t. GsSlef have bea8 t.sFa
piled with. Sas thai as Tee taas 81 iAe
death 81 thg said Sarah 81 fsslssr tats ssstr
erfs was beg sale asst HsssFafe fsrussaEss
IL Pacific Reporter. 81, a. tsxas So 81
Texas. s,s. = Af,s. nsss. ~
The MslsVs pgssISstl tsrsaaf aaa m4s
the separate pnsrTf{f Of ~@ras "a easef
nos sssesas. shs nss.ie ss taxsssosy ss5 Ia a.
such. bat that 81 wss sgtN fea Isl ga =,
the assS p1sntg4 eas by TIE gasAe &, sfa
ky gilt. 10 sneN> ca Is iss~ to g. aess