Legal Opinion

In re the Estate of Lavenberg

Washington Supreme Court

Decided December 28, 1918No. 14958PublishedCited by 14 opinions

Appeal from an order of the superior court for King county, Smith, J., entered May 25, 1918, directing the payment of the residue of an estate for the use and support of a widow and minor children, after a hearing before the court.

1Opinion of the CourtChadwick, J.

There are two questions in this case.

I. Is a nonresident wife, surviving a husband who lived and did business in this state, entitled to an award of property under §§ 103 and 104, Laws of 1917, pp. 670, 671, when the husband has never maintained a home or dwelling-house, and consequently no homestead has been claimed in the lifetime of the deceased, and there is no property subject to be claimed as a homestead.

Samuel Lavenberg, in his lifetime, operated a small tailoring business in Seattle. His wife and family lived in New York. The husband and wife were not separated in any legal sense. The…

2Cases cited2 opinions

  1. Guarantee Loan & Trust Co. v. FayWashington Supreme Court · 1896
  2. Griesemer v. Boyer & RexWashington Supreme Court · 1895

3Cited by14 opinions

  1. In re Estate of AndrewsWashington Supreme Court · 1923
  2. Yost v. JohnsonWashington Supreme Court · 1921
  3. In re the Estate of HooperWashington Supreme Court · 1921
  4. Caldwell v. CaldwellSupreme Court of Iowa · 1922
  5. In Re Chisholm's EstateWashington Supreme Court · 1930

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