The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1912-02-08

not contended that she receives
1t by will, SO the only remaining
question is: Does she receive {
one-half interest in the community
property through or under the
interstate laws of this state.
The Interstate Laws.
1t ought not to be difficult
to determine what is meant by
the words interstate laws OF
this state. One who dies inter.
state dies without leaving a will
and without disposing of his
property by last will and tesla
ment. The interstate laws of this
state comprise that body of the
statutes which provide and pre-
scribe the devolution of estates
OF persons who die without dis
posing of their estates by last
will or testament. In other
words, interstate laws deal with
interstate estates, and provide
for the passing of title to such
person or persons as the law
makers in their judgment have
thought best entitled to such
estates.
The law says that commune
ty property is property acquired
by husband and wife, or either,
during marriage, when not ac-
CURED as the separate property
OF either, and defines the sep
arate property of the wife and
gives her the management, con-
troll and absolute power of dis
position of her separate property,
both real and personal, and au-
thorizes her to sell her separate
property without procuring the
consent or concurrence Of her
husband. Another section con-
stitutes the husband the agent
and trustee Of the marital COM
munity.
Husband and Wife on Same Level
1t will be seen that the law
deals with the. husband and
wife as kind %of partnership
with reference to all their com
munlty property accumulations.
The statute, however, has given
to the husband no better or high
er title to the community prop
erty than it has given to the wife.
The only difference or distinction
whatever the law has made be-
tween the husband and wife with
reference to community proper
ty is that during the continuance
OF the community the husband
is the managing agent, vested
with absolute power of DISPOSE
ton of the property, and that
the wife can not sell or encum-
Der such property except in
specified instances. The receipts,
however, from any disposition
OF the property still remains com
munlty property, and the wife's
interests therein are just as
great as they were in the orig
mai community property thus
sold or transferred.
Husband and Wife Equal Partner
The statute recognizes the
husband and wife as equal part
lers IN the community estate, and
t authorizes each to dispose of
us or her half by will; it pro-
,ides that the survivor shall con-
niue to be the owner of half of
uch property, subject only to
payment of the community debts
hat the surviving spouse takes
lis or her half of the community
not by succession, de-
cent or inheritance, but as sur
ivor of the marital community
r partnership. The same sta
utes provide, further, that in the
vent there shall be no issue of
he marriage living at the time
f the death of one of the spouses
nd he or she leaves no will or
estament, the half of the commun-
y property which belongs to
ne deceased shall go to the SUR
ivor as an heir, and therefore
y descent and under and by
irtue of the interstate laws of
lis state.
Half Already Hers.
While, therefore, the survi-
or In this case receives the en-
re community estate by reason
t the death of her husband. half
{. it was already hers, and the
ally additional interest or right
Re acquires in that half is the
ght of management, control
nd disposition.
Death has worked dissolu-
on of the community partner
mp and has left the surviving
artner to act for herself. She
90 pacaiyoSs tho ofbor hale nf fl,o