The Northwest worker. [volume] (Everett, Wash.) 1915-1917, 1915-07-08

@. A widow with four children
married a bachelor. At the time Of
the marriage he was holding a home
stead, and had contracted for the pur-
chase of some land from the N. p.
railway. After the marriage the above
mentioned property was decided to him
by the government and the railway
company. There was some more land
bought from the railway company and
some city lots were also acquired aft
or they were married. She died first
and left no will. He died two months
afterward. There were two children
from this marriage, and he wllled all
Of the property except the homestead
to his two children. The homestead
he wilIed to three Of his step-children,
and to the fourth he wiilcd $4,000,
which was to come from the home
stead, provided the administrator con-
sidered this heir worthy of 1t when he
came of age. This fourth step-chiId,
according to the terms of the Will,
could choose between the $4,000 and
two years schooling. Shortly after
the death of the testator all the chill
dren were sent to privately owned
schools, among them this fourth STEP
child, and he was not consulted about
It. He stayed at school about five
months, and then quit on his own ac-
cord, and rustled for himself since
then. When he was twenty years old
he got $4,000 from the administrator,
and did not get any more since. There
cut 1t short as possible, and say: This
will was made In 1890. All of the
property has fallen into the hands of
the other heirs, and most of it has
been sold. Some of the property is in
Idaho, and some in Washington
What | want to know is: Did the tes
tator have a legal right to will all OF
the property, or was not part of II
community property and belonged lie.
gaIly to his wife? Was all of her
heirs entitled to an equal share in
this community share of hers, since
she died ntestate? If SO could her
heirs now contest the will success.
fully? Have the present owners clear
title to the property? Thanking you
in advance for your answer, am, etc.
X. Y. z.
A. Most of the property you have
mentioned was community property.
The homestead might perhaps be held
to be the executors separate property.
Upon the death of the wife the legal
title to her community interest (half)
therein passed to her heirs equally
The testator had no right to will that
half to any one; and his attempted
willing of that interest to others could
not give legal title. You cannot con-
test the will however. 1t is too late,
if l judge correctly No one can con-
test will after one year after it has
been admitted to probate; or in your
case, after one year from the time
you became of age. You do not state
your age, but l infer that the time has
passed. However, you can still assert
your title or interest in the property
If, however, you are under twenty-five
years, you can contest the will. From
your statement, one would infer that
there has not been any administration
on your mothers estate. But there
might have been without your know
ing or realizing it. Have some one
examine the probate records. You can
still have your mothers estate pro-
bated. Or, you can bring an action
against the other heirs and holders of
the property to quiet title"